United States v. Alfred Barton Rocha

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 road and going to an area where he loaded some sacks into the van. A subsequent search of the van revealed that these sacks contained 231 pounds of marijuana.

Appellant had been arrested in April 1976 for transportation of marijuana. At the trial of that charge, appellant testified that he thought he was moving a load of furni ture for which he would be paid $20.00, but denied knowing the contents of the truck. The jury acquitted him.

Appellant was tried on the present charge in October 1976. At that time the attorneys for the government and appellant stipulated that the evidence of the prior arrest was not to be admitted. The jury was unable to reach a verdict, and a mistrial resulted.

At the second trial, the government introduced evidence…