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| United States v. Alexander, No. 06-12385 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 29, 2007, Decided , March 29, 2007, Filed
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Overview: Conspiracy was shown by a co-conspirator's recorded statements that defendant would sign a false Medicare form and that defendant was one of her referrals, and given the evidence of defendant's signature on the form and an agent's testimony that defendant admitted her signature, Fed. R. Evid. 801(d)(2)(E) was satisfied; the conviction was affirmed.
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| United States v. Brown, No. 06-15064 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 29, 2007, Decided , March 29, 2007, Filed
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Overview: Finding that defendant voluntarily consented to search was not clear error; "show of force" by police was minimal and was over by time defendant gave consent, there was no evidence that officer had gun drawn at time defendant was asked to consent, and at time he gave consent, defendant was sitting in back of patrol car in handcuffs.
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| United States v. Mauldin, No. 06-14308 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 29, 2007, Decided , March 29, 2007, Filed
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Overview: Because defendant abandoned his sentencing hearing argument that not all of the child pornography images on his computer should count under USSG § 2G2.2(b)(7)(D) because they were "cached," and instead argued for a downward departure because those images took the case outside the heartland of such cases, the sentence was affirmed.
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