United States v. Brooks

MURPHY, Circuit Judge.

I. INTRODUCTION

Dewayne Brooks was charged in a one-count indictment with distribution of “cocaine base” in violation of 21 U.S.C. § 841. After a two-day trial, the jury found Brooks guilty as charged. The district court denied Brooks’ oral motion for judgment of acquittal and sentenced Brooks to a 165-month term of imprisonment. On appeal, Brooks asserts the district court committed four trial errors and two sentencing errors. As to the trial, Brooks asserts the district court: (1) abused its discretion in admitting into evidence a tape recorded conversation referring to…