U.S. v. Johnson

In prosecution on drug distribution charge, Dist. Ct. did not err in allowing govt. to play recordings of telephone calls defendant made to third-party while in jail even though jury was able to hear that defendant was incarcerated when making said call. Although telephone conversations described only purchase of car, prosecutor could properly view said calls as relevant evidence of defendant making coded suggestions that third-party intimidate or threaten individual expected to testify against defendant at trial. Moreover, admission of said calls was not overly prejudicial where jury was exposed to only occasional reference to defendant being in jail. Additionally, Dist. Ct. did not commit reversible error in taking notice of defendant’s 2007 conviction for distributing cocaine or in admitting evidence that defendant sold crack cocaine to others at least 15 times.