United States v. David John Sinn

Appellant was convicted of possession of cocaine with intent to distribute ( 21 U.S.C. § 841 (a)(1)) and of knowingly importing cocaine ( 21 U.S.C. §§ 952 (a) and 960(a)(1)).

Appellant was apprehended at the Los Angeles airport following a flight from Ecuador and was found carrying a camera case in which was concealed 419.3 grams of cocaine, 73% pure. The only defense was that defendant did not know that the cocaine was in the camera case. The evidence was sufficient to convict, and the only problem is whether the district court erred in admitting evidence of prior misconduct.

It was shown over objection that about five years previously appellant had been in possession of cocaine during an illegal buy-and-sell transaction. Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that he acted in conformity therewith. Such evidence, however, may be admitted for the purpose of proving intent or knowledge. Fed.R.Evid. 404(b). United States v. Hernandez-Miranda, 601 F.2d 1104 (9th Cir. 1979). Whether evidence of prior crimes should be admitted is a problem of relevancy, and as to it there is some discretion in the trial court.…