United States v. Reginald Johnson

LOKEN, Circuit Judge.

A jury convicted Reginald Johnson of conspiring to distribute crack cocaine and using and carrying a firearm during that drug offense. See 21 U.S.C. § 841(a)(1); 18 U.S.C. § 924(c). On appeal, Johnson argues that the district court’s 1 instructions on the § 924(c) count were inconsistent with Bailey v. United States, - U.S. -, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995), and that the court erred in admitting the prior testimony of an unavailable police officer. We affirm.

In the fall of 1993, undercover police officers arranged to purchase crack cocaine from Richard Yancey and…