United States v. David John Sinn, 622 F.2d 415 (9th Cir. 1980). · Go Syfert
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United States v. David John Sinn, 622 F.2d 415 (9th Cir. 1980). Cases Citing This Book View Copy Cite
24 citation events (2 in the last 25 years) across 7 distinct courts.
Strongest positive: United States v. June Wolverine (ca9, 2014-08-22)
Treatment trajectory · 1980 → 2026 · click a year to view as-of
1980 2003 2026
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. June Wolverine (2×)
9th Cir. · 2014 · confidence medium
United States v. Sinn, 622 F.2d 415, 416 (9th Cir. 1980) (upholding admission of prior bad act evidence where the prior offense involved nearly identical facts).
discussed Cited as authority (rule) United States v. Pablo Mayans
9th Cir. · 1994 · confidence medium
See United States v. Rubio-Villareal, 927 F.2d 1495, 1503 (9th Cir.1992) (finding “striking” similarities where both the prior act and the crime charged were smuggling drugs concealed in a secret compartment), vacated, en banc, on other grounds, 967 F.2d 294 (9th Cir.1992); United States v. Bibo-Rodriguez, 922 F.2d at 1401-02 (same); United States v. Sinn, 622 F.2d 415, 416 (9th Cir.) (in both the prior and the charged act, “the identical drug was involved, and was found on the person of the appellant”), cert. denied, 449 U.S. 843 , 101 S.Ct. 124 , 66 L.Ed.2d 51 (1980); but see Mehrman…
discussed Cited as authority (rule) United States v. Lavell Ray Hegwood Fred Wilson, Jr.
9th Cir. · 1992 · confidence medium
See, e.g., United States v. Mehrmanesh, 689 F.2d 822, 832 (9th Cir.1982); United States v. Sinn, 622 F.2d 415, 416 (9th Cir.), cert. denied, 449 U.S. 843 , 101 S.Ct. 124 , 66 L.Ed.2d 51 (1980). *497 There remains defendants’ objection to the evidence that they had used cocaine the day of and the night before their arrest.
cited Cited "see" United States v. Leon Hudson & Reginald Smith
7th Cir. · 1988 · signal: see · confidence high
See United States v. Sinn, 622 F.2d 415, 416 (9th Cir.1980).
discussed Cited "see" United States v. Mohammad Reza Mehrmanesh (2×)
9th Cir. · 1982 · signal: see · confidence high
See Sinn, 622 F.2d at 416 ; United States v. Young, 573 F.2d 1137 (9th Cir. 1978); United States v. Brown, 562 F.2d 1144 (9th Cir. 1977); United States v. Rocha, 553 F.2d 615 (9th Cir. 1977); United States v. Marshall, 526 F.2d 1349 (9th Cir. 1976), cert. denied, 426 U.S. 923 , 96 S.Ct. 2631 , 49 L.Ed.2d 376 (1976).
cited Cited "see" United States v. Nicholas Anthony Moccia
1st Cir. · 1982 · signal: see · confidence high
See United States v. Sinn, 622 F.2d 415, 416 (9th Cir.), cert. denied, 449 U.S. 843 , 101 S.Ct. 124 , 66 L.Ed.2d 51 (1980).
cited Cited "see, e.g." Roesch, Inc. And Marketing Division, Inc. v. Star Cooler Corporation, a Missouri Corporation Hussmann Refrigeration, Inc. And Tour Ice Midwest, Inc.
8th Cir. · 1983 · signal: see, e.g. · confidence low
See, e.g., Fair Assessment in Real Estate Assoc., Inc. v. McNary, 622 F.2d 415 (8th Cir.1980), aff’d, 454 U.S. 100 , 102 S.Ct. 177 , 70 L.Ed.2d 271 (1981).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
David John SINN, Defendant-Appellant
79-1346.
Court of Appeals for the Ninth Circuit.
Feb 19, 1980.
622 F.2d 415
Peter M. Brown, Brown, Baron, Madden & Alie, Beverly Hills, Cal., on brief, for defendant-appellant., Andrea Sheridan Ordin, U. S. Atty., Steven Kramer, Asst. U. S. Atty., Los Angeles, Cal., on brief, for plaintiff-appellee.
Kennedy, Hug, Smith.
Cited by 12 opinions  |  Published
RUSSELL E. SMITH, District Judge.

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. United States v. Herrell, 588 F.2d 711 (9th Cir. 1978), cert. denied, 440 U.S. 964, 99 S.Ct. 1511, 59 L.Ed.2d 778 (1979). Where, as here, the sole question is one of intent, we think it within the discretion of the trial court to decide that a previous dealing is relevant on the issue of the knowledge of the participant in a second event, particularly where, as here, there was substantial evidence from which knowledge might be inferred apart from the prior act. We do not believe that Hernandez-Miranda requires a different result. In that case the first offense involved marijuana on the person, while the second involved heroin hidden in a car. Here, in both the prior and the subsequent offenses, the identical drug was involved and was found on the person of the appellant.

The judgment is affirmed.