United States Eleventh Circuit

Conviction for conspiracy to accept an illegal gratuity, witness tampering, and bribery is affirmed over claims that: 1) the evidence was insufficient to prove a conviction of conspiracy to accept an illegal gratuity and an "official act", as well as "witness tempering"; 2) there was a material variance between the allegations of conspiracy in the indictment and the evidence produced at trial; 3) the government failed to prove a single conspiracy as alleged in the indictment; 4) the district court erred in its instructions on conspiracy and elements of bribery.

Appellate Information

• Decided 04/22/2008
• Published 04/22/2008

Judges

• ALARCÓN, Circuit Judge:, Before EDMONDSON, Chief Judge, and KRAVITCH and ALARCÓN, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Terry Flynn, E. Bryan Wilson, U.S. Atty., Tallahassee, FL, for U.S.


• For Appellees:
  
• Thomas M. Findley (Court-Appointed), Sean Michael Shaw, Messer, Caparello & Self, P.S., Robert Augustus Harper, Jr., Tallahassee, FL, for Defendants-Appellants.