United States v. DePIERRE

BOUDIN, Circuit Judge.

After selling drugs on two occasions to a government informant, Frantz DePierre was tried and convicted of distributing cocaine in powder form (in the first sale), 21 U.S.C. § 841(a)(1) (2006), and of distributing 50 grams or more of cocaine base (in the second), id,., which carries a ten-year minimum sentence, id. § 841(b)(l)(A)(iii). In reviewing DePierre’s appeal, we begin with a brief overview of events, adding details in the discussion of individual claims of error.

In January 2005, a confidential informant (“Cl”) working with government agents received a call from…