United States Eleventh Circuit

Sentence and order of forfeiture, after conviction of conspiracy to possess with intent to distribute marijuana, and corrupt alteration, destruction, and mutilation of a cellular phone with intent to impair phone's integrity and use in an official proceeding, are affirmed over claims that court erred when it: 1) admitted statements from a non-testifying co-conspirator under Fed. R. Evid. 801(c) as background evidence; 2) admitted a statement made to police in the course of the search of defendant's home, without first requiring proof that defendant waived his Miranda rights; 3) refused to hold a pre-trial Franks hearing as to the sufficiency of an affidavit in support of a warrant for the search; and 4) refused to allow defense counsel to present evidence and argument at the forfeiture phase of trial.

Appellate Information

• Decided 06/01/2006
• Published 06/01/2006

Judges

• PER CURIAM:, Before BIRCH and MARCUS, Circuit Judges, and NANGLE, District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Arthur Joel Berger, Nathan Philip Diamond, Miami, FL, for Arbolaez., Carol E. Herman, Anne R. Schultz, Asst. U.S. Atty., Madeleine R. Shirley, Miami, FL, for U.S.