United States v. Jacinto Garcia-Orozco

Jacinto Garcia-Orozco was convicted of importation of marijuana and possession with intent to distribute marijuana, in violation of 21 U.S.C. §§ 841 (a) and 952, after Customs agents on December 31, 1991, discovered 120 pounds of marijuana in the vehicle Garcia-Orozco was driving across the Mexican border. Because Garcia-Orozco was prejudiced by the erroneous admission of his prior arrest for possession with intent to distribute heroin and his conviction for misdemeanor unlawfully resisting arrest, we reverse and remand.

DISCUSSION

In August, 1988, Garcia-Orozco was a passenger in a car pulled over by the California Highway Patrol. When the Officer found heroin in the door panel of the car, the driver and Garcia-Orozco ran. Although Garcia-Orozco was arrested for possession with intent to distribute heroin, he was only convicted of misdemeanor unlawfully resisting arrest.

In the present case, Garcia-Orozco filed a motion in limine to preclude evidence of this prior arrest and conviction. The trial court ruled that it was not admissible as part of the government’s case-in-chief, and reserved ruling on its use in the government’s rebuttal ease. After Garcia-Orozco’s testimony,…