Moore

MEMORANDUM **

DeAnthony Moore (“Moore”) appeals his conviction after a jury trial for one count of cocaine distribution, in violation of 21 U.S.C. § 841 (a), and his 168-month sentence. Jurisdiction is proper under 18 U.S.C. § 3742 (a) and 28 U.S.C. § 1291 .

Moore contends that the district court erred by: (1) improperly limiting his closing argument regarding the meaning of a potentially incriminating taped conversation between Moore and a government informant; (2) admitting a tape recording into evidence without an adequate foundation of its reliability; (3) denying Moore’s motion for a mistrial after a government witness testified that Moore had just been released from the “pen”; and (4) improperly sentencing Moore to account for an undischarged concurrent state sentence.

We affirm Moore’s conviction. First, the district court did not abuse its discretion to limit closing argument by ruling that the excluded portion of the tape recording, not previously introduced into evidence or subject to rebuttal from the government, would tend to mislead or confuse the jury. Second, the district court did not commit plain error in admitting the tape recording. The tape was adequately…