United States Eleventh Circuit

In a prosecution for wire fraud and related crimes, defendant's conviction is affirmed over claims that: 1) the district court erred in denying his motion for judgment of acquittal made after he rested his defense; 2) he was denied a fair trial and the ability to confront witnesses when the district court permitted several prosecution witnesses to remain in the courtroom and listen to testimony before they took the witness stand; 3) the court erred in denying a motion to suppress certain documents submitted to the SEC during its investigation of a sale and lease-back program; and 4) the court's jury instructions constructively amended the indictment. However, defendant's sentence is vacated and remanded for a new sentencing hearing where, although defendant was convicted of one count of conspiracy to commit money laundering and multiple counts of wire fraud and money laundering, he only received one sentence.

Appellate Information

• Decided 05/05/2008
• Published 05/05/2008

Judges

• TJOFLAT, Circuit Judge:, Before TJOFLAT, BLACK and EBEL, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Mark Yurachek, Bruce S. Harvey, Atlanta, GA, for Edwards., John Russell Phillips, Amy Levin Weil and Randy S. Chartash, U.S. Attys., Atlanta, GA, for U.S.