United States v. Watson

Summary

The D.C. Circuit affirmed a conviction for possession with intent to distribute cocaine, holding that a jailhouse informant who acted on his own initiative was not a government agent, so his testimony did not violate the Sixth Amendment under *Massiah v. United States*. The court also held that evidence of a subsequent drug transaction at the defendant’s garage was admissible under Federal Rule of Evidence 404(b) to show intent and knowledge, and that the trial court did not abuse its discretion in refusing an untimely request for a character evidence instruction, as the late request did not constitute plain error. The dissent argued that the post-release encounter involved a government agent and violated *Massiah*, but the majority declined to address that issue because it was not raised on appeal.

Holdings

1. The jailhouse conversations did not violate the Sixth Amendment because the informant was not acting as a government agent at the time; he was acting on his own initiative.
2. The evidence was admissible under Rule 404(b) because it was relevant to Watson's intent and knowledge, and the probative value was not substantially outweighed by unfair prejudice. The temporal proximity (about three months) and the close relationship between the acts satisfied the rule.
3. The trial court did not abuse its discretion in refusing the untimely request, and even if error, it was not plain error because the evidence against Watson was strong.

Questions Presented

1. Whether the admission of testimony about jailhouse conversations with a fellow inmate violated Watson's Sixth Amendment right to counsel under Massiah v. United States, where the inmate was not acting as a government agent.
2. Whether evidence of a subsequent drug transaction at Watson's garage was admissible under Federal Rule of Evidence 404(b) to show intent and knowledge.
3. Whether the trial court's refusal to give a character evidence instruction, requested after the jury instructions had been given and after closing arguments, was error.

Disposition

affirmed