United States v. Benito Jiminez-Robles

This is an appeal from the judgment of the district court sentencing appellant following a jury verdict of guilty on two counts of a three count indictment. Count I charged that appellant knowingly concealed and facilitated the transportation and concealment of illegally imported narcotics. Count III charged that appellant conspired to knowingly conceal and facilitate the transportation, concealment and unlawful sale of illegally imported narcotics. Both counts charged a violation of 21 U.S.C. § 174 .

Appellant’s only contention is that the prosecution’s introduction of evidence concerning prior offenses was prejudicial misconduct.

The pertinent facts may be summarized as follows:

On September 5, 1967 Figueroa, a Federal Narcotics Agent, and Oscar Palm, an informant, met appellant and his brother in Glendale. Palm and Figueroa had a conversation with appellant and his brother concerning the purchase of heroin.

On November 24, appellant’s brother telephoned Palm. Thereafter, Palm contacted Figueroa and other government agents and, the next day, went with them to San Ysidro. Pursuant to instructions from appellant’s brother, Palm rented a motel room and waited with Figueroa for…