United States Eleventh Circuit

Conviction and sentences for felony drug offenses are affirmed in part, vacated in part, and remanded for resentencing where: 1) jurisdiction existed over the section 851 notice issue; 2) the district court erred in striking the government's section 851 notice; 3) the district court did not err in denying a judgment of acquittal due to insufficiency of the evidence and/or any alleged material variance between the type of drugs charged in the indictment and the trial evidence; 4) defendant's related argument that the alleged errors in the drug quantity finding resulted in a sentence above the statutory maximum is rejected; and 5) defendant's speedy trial arguments were also unfounded.

Appellate Information

• Decided 10/07/2008
• Published 10/07/2008

Judges

Court

• United States Eleventh Circuit

Counsel