United States Eleventh Circuit

Construction defendant's claims involving sufficiency of evidence and erroneous jury instructions are denied. However, the district judge erred when he found that he did not have the authority to give a downward sentencing departure.

Appellate Information

• Decided 04/11/2003
• Published 04/15/2003

Judges

• RYSKAMP, District Judge:, Before DUBINA and BLACK, Circuit Judges, and RYSKAMP, District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellees:
  
• Charles C. Murphy, Jr.,Vaughan & Murphy, Atlanta, GA, Anthony Aaron Joseph, Johnston, Barton, Proctor & Powell LLP, Birmingham, AL, for Defendant-Appellant., John J. Powers, III, Steven J. Mintz, Dept. of Justice, Antitrust Div., Washington, DC, for Plaintiff-Appellee.