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| United States v. Blackburn, No. 05-11333 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 23, 2006, Decided , January 23, 2006, Filed
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Overview: Defendant's conviction on drug charges and sentence were affirmed because, inter alia, the district court's trial comments were not so numerous or egregious as to constitute manifest injustice. The comments were designed to clarify testimony, and the curative instruction given was sufficient to prevent prejudice. Sentencing issue was not preserved.
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| United States v. Corvo, No. 05-12299 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 23, 2006, Decided , January 23, 2006, Filed
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Overview: District court applied requirement in 18 U.S.C.S. § 3583(h) that any term of imprisonment imposed pursuant to revocation be subtracted from statutorily authorized term of supervised release, but apparently did not recognize § 3583(h) prohibited imposition of any supervised release at all. Part of judgment imposing supervised release was vacated.
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| United States v. Gutierrez, No. 05-11413 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 23, 2006, Decided , January 23, 2006, Filed
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Overview: District court's resentencing of defendant to a higher sentence on his drug convictions did not render his 86-month concurrent sentence unreasonable. The court sufficiently explained the basis for the 86-month sentence and, because it had a range of reasonable sentences to choose from, the original 48-month sentence was not the only reasonable one.
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