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UNITED STATES v. RODRIGUEZ

No. 71-2616.

459 F.2d 983 (1972)

UNITED STATES of America, Appellee, v. Fidel RODRIGUEZ, Appellant.

United States Court of Appeals, Ninth Circuit.

May 1, 1972.

Attorney(s) appearing for the Case

Anthony S. Deutsch, Deputy Public Defender (argued), James M. McCabe, William A. Brockett, San Diego, Cal., for appellant.

Douglas G. Hendricks, Asst. U. S. Atty. (argued), Stephen G. Nelson, Asst. U. S. Atty., Harry D. Steward, U. S. Atty., San Diego, Cal., for appellee.

Before MERRILL and GOODWIN, Circuit Judges, and WHELAN, District Judge.

ALFRED T. GOODWIN, Circuit Judge:

Fidel Rodriguez appeals from a conviction of conspiracy to smuggle and transportation of marijuana in violation of 21 U.S.C. § 176a.1

Rodriguez contends that the district court erred in permitting the jury to hear evidence of a prior similar act.

Two months before his arrest on the present charge, Rodriguez was stopped and questioned briefly as he drove away from a Los Angeles residence...

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