United States v. Johnson
2010 U.S. App. LEXIS 22072
| 7th Cir. | 2010Background
- Two-count cocaine base distribution conviction under 21 U.S.C. § 841(a)(1) and (b)(1)(C) after a two-day trial.
- Government relied on confidential informant, two officers, recordings, and a brother who testified about prior crack transactions.
- Informant was strip-searched, equipped with recording devices, and paid by police; he later returned with crack cocaine.
- Video and audio recordings allegedly showing Johnson meeting informant and handling drugs; informant testified to arrangements and purchases.
- Defense emphasized lack of explicit money/drug exchange in videos and attacked informant’s and brother’s credibility; challenged admissibility of prior acts and jail-recordings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of jail calls and 2007 conviction | Johnson objected; government argues relevance for consciousness of guilt | Recordings unfairly prejudicial; prior conviction improper propensity evidence | No reversible error; evidence admitted as harmless |
| Prior drug sales evidence admissibility | Evidence valid under Rule 404(b) with notice | Propensity evidence; improper without trial objection | Harmless error; conviction stands |
| Prior law enforcement contact evidence | Officer testimony offered to show familiarity with target | Prejudicial mug-shot-like reference | Not reversible; error harmless under standard |
| Jail telephone recordings as threats or consciousness evidence | Videos show consciousness of guilt; relevant to threats | Recordings may mislead; potential prejudice | Court did not abuse discretion; probative value outweighs prejudice |
| Sentence within guidelines vs downward departure | Guideline range appropriate given career offender status | Lifetime of trauma merits substantial downwards departure | District court did not abuse discretion; 300-month sentence affirmed |
Key Cases Cited
- Owens v. United States, 424 F.3d 649 (7th Cir. 2005) (plain-error review for evidentiary errors; miscarriage of justice standard)
- Sebolt v. United States, 460 F.3d 910 (7th Cir. 2006) (plain-error standard for unobjected evidence)
- Estelle v. Williams, 425 U.S. 501 (U.S. 1976) (prison attire at trial; prejudice considerations)
- United States v. Simmons, 581 F.3d 582 (7th Cir. 2009) (mug-shot reference in closing argument; harmless error when corrected promptly)
- Calabrese v. United States, 572 F.3d 362 (7th Cir. 2009) (consciousness-of-guilt evidence from jail calls; admissibility depends on probative value)
- United States v. Owens, 424 F.3d 649 (7th Cir. 2005) (harmless-error and actual miscarriage of justice standards)