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US v. Johnson, 09-3558

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By FindLaw Staff on October 26, 2010 2:35 PM

Conviction for distribution of cocaine base and a sentence of 300-months' imprisonment affirmed

US v. Johnson, 09-3558, concerned a challenge to a conviction of defendant for distribution of cocaine base and imposition of a 300-month sentence.  In affirming both the conviction and the sentence, the court held that, because any error in admitting defendant's prior conviction was harmless, the question of whether Rule 404(b) permitted it need not be addressed.  Similarly, it need not be decided whether the admission of prior drug sales evidence was error.  The court also held that the district court did not abuse its discretion in admitting the recordings of telephone calls defendant made while in jail awaiting trial, and the brief mention of defendant's booking photograph cannot be reversible under the plain error standard.  Lastly, the district court did not abuse its discretion in imposing a sentence of 300 months' imprisonment.

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