By: WISCONSIN LAW JOURNAL STAFF//January 22, 2014//
United States Court of Appeals For the Seventh Circuit
Criminal
Evidence — expert testimony
It was not error to admit a police officer’s interpretations of code words used by drug traffickers.
“The district court did not plainly err when it admitted Agent Catey’s testimony and permitted the government to provide the jury with transcripts containing Agent Catey’s interpretations of various words and phrases from the recordings. At least, any error would have been harmless. Additionally, the district court did not err when it imposed a 2-level obstruction of justice enhancement, and the court adequately considered Cheek’s mitigation arguments in light of the § 3553 factors. The district court’s failure to comply with the procedure provided in § 851(b) was, at most, harmless error—especially given that Cheek’s counsel never raised the issue. Finally, Cheek’s 576-month prison sentence—authorized by § 841(b)(1)(B)—is not substantively unreasonable.”
Affirmed.
Appeal from the United States District Court for the Central District of Illinois, Shadid, J., Manion, J.