United States v. Eduardo Bibo-Rodriguez

Caution
91 Daily Journal DAR 185·922 F.2d 1398·1991 WL 150·32 Fed. R. Serv. 145·1991 U.S. App. LEXIS 43
United States Court of Appeals for the Ninth CircuitJanuary 4, 199190-50026California2,096 words

Opinion

Opinion

Boochever, J.

Eduardo Bibo-Rodriguez appeals his conviction, following a conditional guilty plea, for importing approximately 682 kilograms of cocaine into the United States. Bibo-Rodriguez claims the district court erred in permitting the government to .introduce subsequent act evidence to prove knowledge under Federal Rule of Evidence 404(b). We affirm the decision of the district court.

FACTS AND PROCEDURAL HISTORY

On September 26, 1988, Bibo-Rodriguez drove a white Chevrolet truck into the United States from Mexico at the Otay Mesa Port of Entry. He was stopped by Customs agents and taken to a secondary inspection area, where he was searched. Meanwhile, other agents searched the truck by drilling a hole in its roof. The drill bit revealed a white powder that was identified as cocaine.

Bibo-Rodriguez was allowed to drive on into the United States where he left the truck in a parking lot and he returned to Mexico. Continued surveillance of the truck led to the arrest of four individuals for possession with intent to distribute cocaine and seizure of 678 kilograms of cocaine. A warrant was then issued for Bibo-Rodriguez’ arrest.

On December 2, 1988, Bibo-Rodriguez was arrested in Los…

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