United States v. Guo Xin Huang

MEMORANDUM *

Guo Xin Huang appeals from his jury conviction and sentence for conspiracy to import marijuana, in violation of 21 U.S.C. § 963 , attempted importation of marijuana, in violation of 21 U.S.C. § 952 , and attempting to smuggle marijuana, in violation of 18 U.S.C. § 545 . As the parties are familiar with the facts and prior proeeedings, we will not recount them here. Huang raises several arguments including that the district committed reversible error by permitting the government to elicit expert testimony regarding the ultimate issue of whether Huang knew that the trailer he was hauling contained a secret compartment filled with marijuana. We reverse Huang’s conviction on all counts and remand for further proceedings.

A. Testimony at Trial

During its case in chief, the government called as a witness Canadian Customs Officer Chris Gahan who was a member of a surveillance team investigating the drug smuggling operation. On cross-examination of Gahan, the defense attempted to elicit testimony which might show that Huang was an unwitting courier. The following transpired:

(Emphasis added.)

On the government’s re-direct examination of Gahan, the following…