United States of America, Plaintiff-appellee, v. Fernando Asi Garzon, Defendant-appellant, 103 F.3d 142 (9th Cir. 1996)

Before: WALLACE, SCHROEDER, and ALARCON, Circuit Judges

MEMORANDUM^* 

Fernando Asi Garzon appeals his conviction of importing methamphetamine in violation of 21 U.S.C. §§ 952(a), 960. The only issue presented is whether the district court erred in admitting evidence of the results of Garzon's polygraph test over Garzon's objection, but pursuant to a prior stipulation by both parties to its admissibility at trial.

This court has held in very similar circumstances that such evidence is admissible. Herman v. Eagle Star Ins. Co., 396 F.2d 427 (9th Cir. 1968). Garzon contends that this decision should be reconsidered in light of the subsequent enactment of the Federal Rules of Evidence. However, we have reiterated Herman 's holding in cases decided after promulgation of the Rules. See United States v. Miller, 874 F.2d 1255, 1261 (9th Cir. 1989); Brown v. Darcy, 783 F.2d 1389, 1391, 1394 n. 11, 1397 (9th Cir. 1986). In light of these reaffirmations, this panel is not free to reconsider Herman.

AFFIRMED.