United States Eleventh Circuit

A conviction and sentence upon retrial for conspiracy to possess and possession with intent to distribute cocaine -- after first jury trial convicted wife but hung as to defendant, and then wife testified against defendant in second trial -- is affirmed over claims that: 1) defense counsel rendered ineffective assistance of counsel; 2) prosecution denied defendant due process in failing to disclose a cooperation agreement with wife; 3) the court abused its discretion in denying a pretrial continuance; and 4) the court committed plain error in allowing pretrial services officer to testify and identify defendant's voice and cell phone number.

Appellate Information

• Decided 12/28/2006
• Published 12/28/2006

Judges

• PER CURIAM:, Before TJOFLAT, ANDERSON and BARKETT, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Ivy R. Ginsberg (Court-Appointed), Miami, FL, for Perez., Evelio J. Yera, Anne R. Schultz, Asst. U.S. Atty., Carol E. Herman, Asst. U.S. Atty., Miami, FL, for U.S.