Criminal Law: Drug Distribution-Admission of Photographic and Video Evidence-Entrapment Defense

Defendant appealed his conviction and sentence for drug distribution, arguing that the district court erred in admitting a video recording taken by a confidential informant during a controlled buy with defendant because it was not authenticated, constituted inadmissible hearsay and was unfairly prejudicial because the recording also included discussions of firearms. Defendant also argued that the district court erred in not addressing his entrapment defense at sentencing and failing to adequately explain the reasons for the sentence.

Where the investigating officer, who watched a separate live feed of the recording, testified that the video was authentic, unaltered and appropriately preserved, there was no error in admitting the recording where the discussion of firearms was not unduly prejudicial.

Judgment is affirmed.

U.S. v. Walker (MLW No. 84418/Case No. 24-3580 – 10 pages) (U.S. Court of Appeals, 8th Circuit, Erickson, J.) Appealed from U.S. District Court, Eastern District of Arkansas, Wilson, J. (Sylvia Talley, AFPD, Little Rock, AR for appellant) (Leslie Bright, AUSA, Little Rock, AR and Shelby Shelton, AUSA, Little Rock, AR for appellee)