United States Eleventh Circuit

In a criminal case involving the death of a drug addict after utilizing purchased controlled substances, sentence of multiple defendants for drug-related offenses is vacated and remanded in part where: 1) the jury's and trial court's finding that a defendant was a member of the drug conspiracy prior to the victim's death was based on insufficient evidence; and 2) the government conceded that the district court erroneously applied a death enhancement to defendants' sentences on substantive drug distribution charges, as the criminal conduct giving rise to the substantive charges occurred after the victim's death.

Appellate Information

• Decided 04/16/2008
• Published 04/16/2008

Judges

• PER CURIAM:, Before EDMONDSON, Chief Judge, WILSON, Circuit Judge, and ALTONAGA, District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Richard H. Loftin, Mobile, AL, for U.S.


• For Appellees:
  
• Richard Earl Shields (Court-Appointed), McCleave Denson Shields, LLC, Paul David Brown, Sidney M. Harrell and Raymond Arthur Pierson (all Court-Appointed), Mobile, AL, for Defendants-Appellants.