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84 F. App'x 439

United States v. Johnson

U.S. Courts of Appeals

Decided January 5, 2004

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U.S. Courts of Appeals · decided 2004-01-05

Cited by 1 later decisions (1 by the Supreme Court) — most recently May 2004

Applies 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act)

Relies on United States of America v. Rosalinda Miranda Abel Espinoza Rigoberto Rodriguez Oscar Rodriguez Hector Espinoza · United States v. Krout · United States v. Royal

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Decided 2004-01-05

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PER CURIAM. *

¶1 Samuel Latrell Johnson appeals his jury trial conviction for conspiracy to possess with the intent to distribute and possession with the intent to distribute 50 grams or more of cocaine base (crack), in violation of 21 U.S.C. §§ 841(a)(1) and 846. He challenges the admission of testimony by the cooperating co-defendant, Heath, that for several years prior to the events giving rise to the indictment, Johnson and Heath were partners in crack-trafficking.

¶2 We review the admission of evidence for abuse of discretion. United States v. Royal, 972 F.2d 643, 645 (5th Cir.1992). Johnson asserts that the district court abused its discretion by admitting the evidence under Fed.R.Evid. 403. Johnson further contends that the testimony was inadmissible because it constituted extrinsic evidence of extraneous offenses. Johnson cites cases which involved the application of FedR.Evid. 404(b).

¶3 Heath’s testimony concerning his drug-trafficking partnership with Johnson was intrinsic background information which established their relationship as co-conspirators. See United States v. Miranda, 248 F.3d 434, 440-41 (5th Cir.2001); United States v. Krout, 66 F.3d 1420, 1431 (5th Cir.1995). Accordingly, the admission of this testimony was not an abuse of discretion.

¶4 Appeal from the United States District Court for the Western District of Texas. (MO-Ol-CR-143-2).

¶5 AFFIRMED

*

¶6 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under *441 the limited circumstances set forth in 5th Cir. R. 47.5.4.

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