United States v. Jose F. Uriarte, United States of America v. Daniel Ramirez-Uriarte

Appellants Daniel Ramirez-Uriarte (herein Ramirez) and Jose F. Uriarte (herein Uriarte) appeal from their jury convictions for conspiracy to import marijuana ( 21 U.S.C. §§ 952 , 960 and 963), and conspiracy to possess marijuana with intent to distribute ( 21 U.S.C. §§ 841 (a)(1) and 846).

The alleged conspiracy involved multiple incidents of border crossings with car and truck loads of marijuana. The government’s chief witness was one of the cocon-spirators, Arthur LaSalle. LaSalle told the court the details of the conspiracy as it functioned in late 1975 and early 1976. At the instruction of either appellants or a coconspirator Eliseo, LaSalle would go to Mexico and drive marijuana laden vehicles to California.

I.

Ramirez complains that the trial court impermissibly admitted evidence concerning his previous March 1972 arrest for possession of 301 kilos of marijuana. The government sought to introduce this evidence on alternative theories that it was admissible as a prior similar act, or, it might be deemed part and parcel of the conspiracies alleged. Ramirez argues that this evidence was not relevant and was highly prejudicial. He further claims that the trial court did not…