United States v. Pablo Varela-Rivera

Pablo Varela-Rivera appeals his conviction by a jury for importation of cocaine, importation of methamphetamine, possession with intent to distribute cocaine, and possession with intent to distribute methamphetamine. He contends that the district court abused its discretion when it admitted expert testimony regarding the structure, organization, and modus operan-di of drug trafficking enterprises and the fees paid to drug couriers within those organizations.

We reverse and remand.

BACKGROUND

On February 21, 1998, Appellant Pablo Varela-Rivera drove a pickup truck from Mexico into Nogales, Arizona. Customs inspectors found 23.1 pounds of cocaine and 519 grams of methamphetamine concealed in the gas tank of the truck. A grand jury returned a four count indictment charging Varela-Rivera with importation of and possession with intent to distribute cocaine and methamphetamine in violation of 21 U.S.C. §§ 841 (a)(1) and 952(a). Varela-Rivera was not charged with conspiracy.

At a June 15, 1998 pre-trial motions hearing before Judge Browning, the government told Varela-Rivera and the court that it intended to call an expert witness to testify “regarding modus operandi,” but…