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U.S. v. JOHNSON

No. 08-5098.

617 F.3d 286 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Walter Raleigh JOHNSON, Jr., Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: August 16, 2010.

Attorney(s) appearing for the Case

ARGUED: Clarence Rauch Wise , Greenwood, South Carolina, for Appellant. Jeffrey Mikell Johnson , Office of the United States Attorney, Columbia, South Carolina, for Appellee. ON BRIEF: W. Walter Wilkins , United States Attorney, Columbia, South Carolina, Leesa Washington , Assistant United States Attorney, Office of the United States Attorney, Greenville, South Carolina, for Appellee.

Reversed and remanded by published opinion. Judge GREGORY wrote the opinion, in which Judge MICHAEL and Judge MOTZ joined.

OPINION

GREGORY, Circuit Judge:

Walter Raleigh Johnson, Jr. ("Johnson") appeals his conviction for conspiracy to possess with the intent to distribute cocaine. He argues that the district court erred in admitting the testimony of a Drug Enforcement Administration ("DEA") Agent under Federal Rule of Evidence ("Rule") 701 and erred in admitting the testimony of a prior alleged drug customer under Rule 404(b). Because we find that the court erroneously admitted...

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