United States Eleventh Circuit

Conviction for possession with intent to distribute cocaine base is affirmed over claims that the district court erred by: 1) commenting on certain testimony defendant sought to elicit during his case-in-chief; 2) charging the jury with a flight instruction; 3) denying defendant's motion for a new trial based on alleged juror misconduct during voir dire; and 4) considering prior juvenile convictions in determining defendant's criminal history category at sentencing. Sentence is vacated and remanded where the district court improperly declared defendant ineligible for federal benefits for life.

Appellate Information

• Decided 08/29/2008
• Published 08/29/2008

Judges

Court

• United States Eleventh Circuit

Counsel