What is the current state of the law in relation to drug use cases involving an admission relating to an act similar to one charged?

MultiRegion, United States of America

The following excerpt is from U.S. v. Rubio-Villareal, 927 F.2d 1495 (9th Cir. 1991):

8 The United States Supreme Court modified the third of the above factors, in a case involving an admission relating to an act similar to the one charged, to require only that the evidence be sufficient "to support a finding by the jury that the defendant committed the similar act." Huddleston v. United States, 485 U.S. 681, 685, 108 S.Ct. 1496, 1499, 99 L.Ed.2d 771 (1988).

9 As the government points out, where evidence is offered to show knowledge and intent, it is not necessary that the illegal drug involved in the prior offense be identical to the illegal drug involved in the charged crimes. United States v. Lopez-Martinez, 725 F.2d 471, 477 (9th Cir.), cert. denied, 469 U.S. 837, 105 S.Ct. 134, 83 L.Ed.2d 74 (1984).

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