United States Eleventh Circuit

In a prosecution for wire fraud and federal funds theft, defendant's conviction is affirmed where: 1) each count of defendant's convictions satisfied the Blockburger test and did not violate the Fifth Amendment Double Jeopardy Clause; 2) neither the district court's admission of evidence nor its final jury charge constituted error; and 3) sufficient evidence supported defendant's convictions. However, the sentence is vacated and remanded where the district court's factual findings did not justify an application of upward adjustments for aggravated role or for abuse of trust.

Appellate Information

• Decided 05/16/2008
• Published 05/16/2008

Judges

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

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• James G. Tunison, Jr., John Gee Edwards, Valdosta, GA, for Williams., Dean S. Daskal, Columbus, GA, for U.S.