United States v. David Valadez Rodriguez

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.