United States v. David Valadez Rodriguez

Ninth Circuit

United States v. David Valadez Rodriguez

426 F.2d 302, 1970 U.S. App. LEXIS 9851

CourtCourt of Appeals for the Ninth Circuit

DecidedApril 10, 1970

Docket24370

StatusPublished

This text of 426 F.2d 302 (United States v. David Valadez Rodriguez) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. David Valadez Rodriguez, 426 F.2d 302, 1970 U.S. App. LEXIS 9851 (9th Cir. 1970).

Pincite

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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