Diaz-Garcia

MEMORANDUM *

Arturo Diaz-Garcia appeals his convictions for importation of marijuana in violation of 21 U.S.C. § 952 and § 960 and for possession of marijuana with intent to distribute in violation of 21 U.S.C. § 841 (a)(1). We reverse. Because the parties are familiar with the factual and procedural history of the ease, we will not recount it here.

Prior to the commencement of Diaz-Garcia’s trial, the government agreed that it would not introduce expert testimony that there are no unknowing drug couriers. 1 “Stipulations freely and voluntarily entered into in criminal trials are as binding and enforceable as those entered into in civil actions.” United States v. Shapiro, 879 F.2d 468, 470 (9th Cir.1989) (citing United States v. Gwaltney, 790 F.2d 1378, 1386 (9th Cir.1986)). Thus, based on the pre-trial stipulation, expert testimony that there are no unknowing drug couriers became inadmissible. Admission of evidence in violation of a pre-trial evidence stipulation is reversible error. Id. at 472. As we noted in Shapiro :

Id. at 471.

During its direct examination of an expert witness, a Customs Service Senior Special Agent, the government elicited testimony regarding the price…