Chavez-Amaro

MEMORANDUM **

Appellant Ricardo Chavez-Amaro appeals the district court’s decision denying his motion to exclude an unredacted material witness stipulation stating that appellant and a co-defendant were “in control” of a residence where appellant was arrested for harboring an alien in violation of 8 U.S.C. § 1324 (a)(1)(A)(iii).

“Stipulations freely and voluntarily entered into in criminal trials are as binding and enforceable as those entered into in civil actions.” United States v. Gwaltney, 790 F.2d 1378, 1386 (9th Cir.1986). “[A] defendant who has stipulated to the admission of evidence cannot later complain about its admissibility ... [unless the] stipulation was involuntary.” United States v. Technic Servs., 314 F.3d 1031, 1045 (9th Cir.2002).

Because appellant did not allege or present evidence that he involuntarily entered into the material witness stipulation, the stipulation is valid and binding. The district court did not abuse its discretion by admitting the unredacted stipulation, even though neither witness could later positively identify appellant, because there is no obligation to revisit allegedly erroneous facts of a valid stipulation. See United States v.…