United States Eleventh Circuit

Defendant's drug and firearm possession convictions and sentences are affirmed in part where: 1) when a defendant possesses different weapons at different times or places, the government may treat them as separate units of prosecution; 2) Counts One and Two of the indictment charged separate offenses from Counts Three and Four, and thus the indictment did not violate double jeopardy principles; 3) defendant failed to demonstrate actual prosecutorial vindictiveness; and 4) the district court did not abuse its discretion in concluding that a witness lacked sufficient memory to testify to the subject matter of a video. However, the judgment is reversed in part where defendant was brought to trial seventy-five nonexcludable days after the district court received the court of appeals' mandate -- a violation of the Speedy Trial Act, and vacated in part where the district court took into account untimely charges in calculating defendant's sentence.

Appellate Information

• Decided 04/05/2010
• Published 04/05/2010

Judges

• MARTIN, Circuit Judge:, Before TJOFLAT, PRYOR and MARTIN, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellees:
  
• Catherine McKenzie Bowman (Court-Appointed), Bowman Law Office, LLC, Julie Wade, Wade Law Firm, Savannah, GA, for Defendant-Appellant., James C. Stuchell, R. Brian Tanner, Savannah, GA, for Plaintiff-Appellee.