United States Eleventh Circuit

Defendants' marijuana possession convictions are affirmed where: 1) the district court did not abuse its discretion in admitting defendants' cellular call records into evidence; 2) the district court properly instructed the jury that the prosecution's summaries of the call records were not evidence. However, certain defendants' sentences are reversed where the district court plainly erred in treating some drug offenses as "serious drug offenses" under 18 U.S.C. section 3559(c) and then imposing the mandatory life sentences.

Appellate Information

• Decided 10/30/2009
• Published 10/30/2009

Judges

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

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Lisa T. Rubio, Anne R. Schultz, Madeleine R. Shirley, Miami, FL, for U.S.


• For Appellees:
  
• Leonard P. Fenn (Court-Appointed), DeFabio & Fenn, P.A., Kristi Flynn Kassebaum (Court-Appointed), Manto & Kassebaum, LLP, Coral Gables, FL, Rae Shearn (Court-Appointed), Rae Shearn Law Offices, Paul Joseph Donnelly, Paul J. Donnelly, P.A., Miami, FL, for Defendants-Appellants.