UNITED STATES v. ROCHA

No. 76-3572.

553 F.2d 615 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Alfred Barton ROCHA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

May 5, 1977.


Attorney(s) appearing for the Case

Tom O'Toole, Federal Public Defender, Bernardo P. Velasco, Asst. Federal Public Defender, argued, Tucson, Ariz., for defendant-appellant.

U. S. Atty. William C. Smitherman, Eugene R. Bracamonte, Asst. U. S. Atty., argued, Tucson, Ariz., for plaintiff-appellee.

Before CARTER, TRASK and KENNEDY, Circuit Judges.


PER CURIAM:

Appellant was convicted by a jury for possession of marijuana with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). He argues on appeal that the district court erred in admitting evidence of a prior arrest for marijuana possession of which he was acquitted. We disagree and therefore affirm.

On August 5, 1976, appellant entered the United States from Mexico driving a Chevrolet van. Appellant was observed driving off onto a dirt...

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