United States Eleventh Circuit

Conviction and sentence for possession of cocaine with intent to distribute is affirmed where: 1) the defendant's substantial rights were not affected by the court's Booker error; 2) there was no Apprendi error since defendant was sentenced to below the statutory maximum; and 3) co-conspirator statements were neither hearsay nor testimonial evidence.

Appellate Information

• Decided 04/25/2006
• Published 04/25/2006

Judges

• ANDERSON, Circuit Judge:, Before EDMONDSON, Chief Judge, and ANDERSON and FAY, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Craig L. Crawford (Fed. Pub. Def.), Orlando, FL, Dionja L. Dyer (Fed. Pub. Def.), Tampa, FL, for Underwood., Susan Hollis Rothstein-Youakim, Tampa, FL, for U.S.