United States v. Robert Joseph Pavon

Pavón was convicted of conspiracy to distribute and of aiding and abetting in the distribution of cocaine in violation of 18 U.S.C. § 2 and 21 U.S.C. § 841 (a)(1) and § 841(b)(1)(A). He appeals from that judgment. We affirm.

The sole issue is whether the appearance of Pavon’s probation officer as a prosecution witness was reversible error, when alternative methods were available for establishing the substance of his testimony.

I.

Tucker, Pavon’s probation officer, testified before the jury as follows:

(R.T. at 53-54)

After the noon recess which immediately followed, Pavon’s attorney moved to strike Tucker’s testimony on the grounds that it was not relevant and was highly prejudicial because it implied to the jury that Pavón was on probation and thus had a prior criminal record. After Pavón stipulated that he was employed at “Good Lookin’ Bookin’ ” and that in March, 1975, he was earning $300 per month, the trial court struck Tucker’s testimony and told the jury to disregard it. After all the evidence had been presented, defense counsel moved for a mistrial based on the prejudicial effect of the testimony despite the court’s prior ruling and cautionary instruction. That motion…