United States v. Johnson

MEMORANDUM ***

Anthony D. Johnson appeals his conviction and sentence for two counts of distribution of five grams or more of cocaine base and one count of possession with intent to distribute five grams or more of cocaine base, in violation of 21 U.S.C. §§ 841 (a)(1) and (b)(l)(B)(iii). We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm the district court’s judgment.

Johnson argues that the district court abused its discretion by excluding an expert audiologist from testifying that a recorded conversation was unintelligible. This argument lacks merit because the district court properly determined that an expert was not needed to tell a juror what he could or could not hear. See Beech Aircraft Corp. v. United States, 51 F.3d 834, 842 (9th Cir.1995).

Johnson also argues that the district court abused its discretion by not allowing full cross-examination of the government’s confidential informant when it excluded inquiry into whether the witness paid income taxes. The limitation on cross-examination was not an abuse of discretion or a Sixth Amendment violation because the jury was presented with sufficient evidence to appraise the witness’s biases and motivations.…