United States v. Ronald Wayne Johnson

Johnson appeals from his conviction of possession of marijuana with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1). He contends that: (1) the prejudice from improper testimony elicited by the court was not cured by the instruction to the jury; (2) the judge’s conduct during the trial was prejudicial; and (3) the indictment should have been dismissed as based partially on perjured testimony. We reject each contention and affirm.

I.

FACTUAL BACKGROUND

Johnson was indicted for activities alleged to have taken place between November 12, 1974 and December 23, 1974. The government called three witnesses: two brothers, Mark and Mike Norman, and Len Taylor. Mark Norman testified that he sold large amounts of marijuana to Johnson on four occasions. In response to the court’s inquiry, Mike Norman testified that Johnson paid him for marijuana in December 1975. Johnson moved to strike Mike Norman’s testimony because it concerned activities outside the temporal scope of the indictment. The court granted the motion and declared “[t]he jury is instructed to disregard it entirely.” In addition to eliciting improper testimony, the court admonished counsel to prevent jurors’…