United States v. David Valadez Rodriguez

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

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 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.