U.S. Court of Appeals for the Ninth Circuit, 1970

United States v. David Valadez Rodriguez

U.S. Court of Appeals for the Ninth Circuit · Decided April 10, 1970 · Chambers, Trask, Jameson

426 F.2d 302; 1970 U.S. App. LEXIS 9851 (Federal Reporter, Second Series)

Counsel

David Marcus, Paul J. Geragos, Los Angeles, Cal., for appellant., David P. Curnow, Asst. U. S. Atty., Robert L. Brosio, Asst. U. S. Atty., Wm. Matthew Byrne, Jr., U. S. Atty., Los Angeles, Cal., for appellee.

Opinion

PER CURIAM:

The judgment of conviction is affirmed.

The points on appeal in this narcotics case concern the sufficiency of the evidence of delivery, the admissibility of evidence of statements of a co-defendant, no conspiracy being charged, and the jury instructions.

The evidence as to delivery was conflicting. The jury was justified in accepting the government’s version. The statements of the co-defendant meet the *303 tests for admissibility as enunciated in Fuentes v. United States, 9 Cir., 283 F. 2d 537.

The jury instructions were never objected to in the trial court. Finding no error in them, we need not consider whether they were plain error.

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