US v. Johnson, 08-5098, concerned a challenge to a conviction of defendant for conspiracy to possess with the intent to distribute cocaine.  In reversing, the court remanded the matter in holding that the district court abused its discretion in admitting a DEA agent’s testimony as a lay witness under Rule 701, and this error was not harmless.  The court also held that the district court erred in admitting the testimony of a prior, alleged drug customer, under Rule 404(b), and despite the district court’s limiting instruction, this error was not harmless.

Related Resources:

  • Full text of US v. Johnson, 08-5098
  • Full text of US v. Cooper, 08-7131

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