United States Eleventh Circuit

Convictions for drug conspiracy and drug distribution charges are affirmed where there was sufficient corroborating information in the affidavits to support a finding of probable cause. Sentence of one defendant is vacated as the government's refusal to file a motion to reduce defendant's sentence under U.S.S.G. section 5K1.1 based on defendant's exercise of his right to a jury trial constitutes an unconstitutional motive.

Appellate Information

• Decided 08/31/2007
• Published 08/31/2007

Judges

• WILSON, Circuit Judge:, Before TJOFLAT, BIRCH and WILSON, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Linda Julin McNamara, Tampa, FL, for U.S.


• For Appellees:
  
• Mark P. Rankin (Court-Appointed), Carlton Fields, P.A., Tampa, FL, Thomas H. Ostrander (Court-Appointed), Bradenton, FL, for Defendants-Appellants.