United States v. Marvin Earl McCoy

Per Curiam

Marvin McCoy appeals his conviction and sentence for distributing over five grams of cocaine base in violation of 21 U.S.C. §§ 841 (a)(1) and (b)(l)(B)(iii). He claims the district court erred in 1) excluding extrinsic evidence of alleged misconduct by a government informant; 2) determining that the prosecution’s peremptory challenge to a juror was based on a “race-neutral” reáson and 3) concluding the career offender provisions of the Guidelines did not authorize an adjustment for his minor role in the offense. We affirm.

I.

In August, 1991, an inter-agency narcotics task force began an extended investigation into drug trafficking activities in the Portland area. The task force paid Scott Tredwell, formerly a large-scale cocaine dealer, to assist in the investigation by posing as a dealer who was interested in purchasing one-ounce quantities of crack.

Tredwell met McCoy at the home of a mutual friend. When Tredwell indicated he was a dealer, McCoy introduced him to Tony Johnson, a seller, and arranged to have Johnson sell approximately 22 grams of “crack” cocaine to Tredwell. The arrangement was confirmed in a taped telephone conversation between McCoy and…