United States Eleventh Circuit

Defendants' drug conspiracy convictions and sentences are affirmed where: 1) the jury was entitled to find the government's case convincing and the government witnesses credible even though the evidence was circumstantial; 2) the jurors could reasonably infer that one defendant was a drug distributor; and 3) the jury could consider presence as a probative factor in determining whether one defendant knowingly and intentionally participated in a criminal scheme. However, one defendant's sentence is vacated where, when a defendant is convicted of participating in a drug trafficking conspiracy under 21 U.S.C. section 846, the court must sentence the defendant based on an individualized finding, supportable by a preponderance of the evidence, as to the drug quantity foreseeable by that defendant.

Appellate Information

• Decided 03/04/2010
• Published 03/04/2010

Judges

• PER CURIAM:, Before TJOFLAT, BARKETT and KRAVITCH, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel