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Federal Courts -
11th Circuit Court of Appeals - January 31, 2006
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United States v. Ewart, No. 04-16599 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 31, 2006, Decided , January 31, 2006, Filed
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Overview: Conviction for conspiracy to possess with intent to distribute five or more kilograms of cocaine, under 21 U.S.C.S. §§ 841(a)(1), 841(b)(1)(A), and 846, was affirmed because the evidence was sufficient to show that defendant reached an illegal agreement with a deceased coconspirator, irrespective of a codefendant's acquittal of the conspiracy.
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United States v. Kafleur, No. 05-11746 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 31, 2006, Decided , January 31, 2006, Filed
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Overview: The agent's first argument, that a ship's agent and its international carrier bond were outside the scope of 19 U.S.C.S. § 1584, lacked merit. The agent's second argument, that the United States' demand for a manifest was a prerequisite to the assessment of penalties under 19 U.S.C.S. § 1584(a)(2) also lacked merit.
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United States v. Keyes, No. 05-12339 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 31, 2006, Decided , January 31, 2006, Filed
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Overview: Defendant's sentence, following a third resentencing, was affirmed because he had not preserved his Booker claims for review, and the appellate court declined to address his ineffective assistance of counsel claim since the factual record had not been properly developed in the district court.
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United States v. Schier, No. 05-11838 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 31, 2006, Decided , January 31, 2006, Filed
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Overview: There was sufficient evidence to sustain convictions under 49 U.S.C.S. § 46505(b)(1) and 49 U.S.C.S. § 46314 where the evidence showed that defendant boarded an airplane knowing she had an ice pick in her purse, signs in the concourses prohibited passengers from boarding planes with sharp objects, and she had access to the weapon during flight.
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