Elliot

MEMORANDUM *

Basho Elliot appeals his conviction and sentence for (1) conspiracy to distribute and (2) attempt to possess with intent to distribute 500 grams or more of cocaine, in violation of 21 U.S.C. § 846 . We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We affirm.

Even assuming the district court erred in ruling that the defense expert could be impeached with Elliot’s “un-Mirandized” statements, in violation of James v. Illinois, 493 U.S. 307 , 110 S.Ct. 648 , 107 L.Ed.2d 676 (1990), any error was harmless beyond a reasonable doubt. The evidentiary ruling did not prevent Elliot from presenting his defense theory to the jury *43 through other testimony and in closing argument. Additionally, the evidence of Elliot’s guilt was overwhelming.

Elliot also failed to show witness intimidation or other government misconduct. Therefore, the district court did not err in denying Elliot’s motion to dismiss the indictment. The district court did not clearly err in finding that neither the prosecutor nor the judge “employing] coercive or intimidating language or tactics that substantially interfere[d] with [the] defense witness[es’] decision whether to testify.”…