United States Eleventh Circuit

Conviction for conspiracy to distribute and possess with intent to distribute a controlled substance is affirmed, and sentence is reversed where: 1) the district court did not clearly err in determining that both requirements for admitting statement of a co-conspirator were met as a matter of fact and thus, did not abuse its discretion in admitting the statement; 2) if there was any error in admitting evidence of flight and in the jury instruction, it was harmless in light of the abundance of evidence against defendant; 3) the cumulative error doctrine was unavailing; and 4) the district court clearly erred in calculating the quantity of crack cocaine present that yielded a base offense level of 36, and this error was not harmless.

Appellate Information

• Decided 10/16/2008
• Published 10/16/2008

Judges

Court

• United States Eleventh Circuit

Counsel