(DOWNLOAD) "Resendiz-Alcaraz v. U.S. Attorney General" by In the United States Court of Appeals for the Eleventh Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Resendiz-Alcaraz v. U.S. Attorney General
- Author : In the United States Court of Appeals for the Eleventh Circuit
- Release Date : January 10, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
Elio Jesus Arbolaez appeals the district courts final judgment of conviction, sentence, and final order of forfeiture subsequent to a jurys finding him guilty as to one count of conspiracy to possess with intent to distribute marijuana, in violation of 21 U.S.C. § 841(a)(1), and one count of corrupt alteration, destruction, and mutilation of a cellular telephone with the intent to impair that phones integrity and use in an official proceeding, in violation of 18 U.S.C. § 1512(c)(1). Although we find the district court erred in admitting hearsay testimony of a co-defendant and in admitting an incriminating comment made by Arbolaez without first requiring the government to show that he had waived his Miranda rights, neither constituted reversible error in this case. We further find that Arbolaez failed to make the substantial preliminary showing necessary to mandate a Franks hearing with regard to the validity of the affidavit supporting the search warrant for his residence. Finally, we find that the district court erred in precluding defense counsel from presenting evidence or argument in connection with the forfeiture portion of the trial and that the error was not harmless. Accordingly, we AFFIRM the conviction and sentence, but REMAND for further proceedings as to forfeiture consistent with this opinion.