Does a defendant who does not fit a government profile for purposes of establishing that he is not a courier have a right to deny that he was a courier?

MultiRegion, United States of America

The following excerpt is from U.S. v. Baron, 94 F.3d 1312 (9th Cir. 1996):

However, the court has recognized certain exceptions to the general rule. In United States v. Beltran-Rios, 878 F.2d 1208 (9th Cir.1989), we held that a defendant who had implied that he was not a courier because he did not fit the profile had "opened the door" to the introduction of evidence on the issue by the government. However, we emphasized that "the holding in this case is a relatively narrow one. The Government may introduce profile testimony of this sort only to rebut specific attempts by the defense to suggest innocence based on the particular characteristics described in the profile." Id. at 1213 n. 2.

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