United States v. Fidel Rodriguez

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

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 which had been under surveillance for illegal narcotics and marijuana activity. Rodriguez had parked his pickup truck on the street. He was seen entering the house. He emerged with another man, who looked up and down the street and then directed Rodriguez to back his truck into the garage. Rodriguez backed into the garage, and a few minutes later drove away. The police then stopped him to check his identity. Other officers, with a warrant, searched the house and garage. The police found 18 “kilos” of marijuana in the garage from which Rodriguez had just driven his truck. Other evidence also linked this marijuana to Rodriguez’s truck.

Two months later, one Mario Proa was arrested in Rodriguez’s truck at the Tecate, California, Port of Entry. Proa was returning from Mexico with 114 kilos of…