762 Fed.Appx. 999 (11th Cir. 2019), 18-11312, United States v. French

Docket Nº:18-11312
Citation:762 Fed.Appx. 999
Opinion Judge:PER CURIAM:
Party Name:UNITED STATES of America, Plaintiff-Appellee, v. Jon Kyle FRENCH, Allen James Sweetenberg, Defendants-Appellants.
Attorney:Brandy Brentari Galler, U.S. Attorney’s Office, West Palm Beach, FL, Emily M. Smachetti, U.S. Attorney Service - Southern District of Florida, Jason Wu, Assistant U.S. Attorney, U.S. Attorney Service - SFL, Miami, FL, for Plaintiff - Appellee Edward Donald Reagan, Edward D. Reagan, PA, Jupiter, F...
Judge Panel:Before WILLIAM PRYOR, GRANT and ANDERSON, Circuit Judges.
Case Date:March 25, 2019
Court:United States Courts of Appeals, Court of Appeals for the Eleventh Circuit
 
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Page 999

762 Fed.Appx. 999 (11th Cir. 2019)

UNITED STATES of America, Plaintiff-Appellee,

v.

Jon Kyle FRENCH, Allen James Sweetenberg, Defendants-Appellants.

No. 18-11312

United States Court of Appeals, Eleventh Circuit

March 25, 2019

Editorial Note:

DO NOT PUBLISH. (See Federal Rule of Appellate Procedure Rule 32.1. See also U.S.Ct. of App. 11th Cir. Rule 36-2.)

Page 1000

Brandy Brentari Galler, U.S. Attorney’s Office, West Palm Beach, FL, Emily M. Smachetti, U.S. Attorney Service - Southern District of Florida, Jason Wu, Assistant U.S. Attorney, U.S. Attorney Service - SFL, Miami, FL, for Plaintiff - Appellee

Edward Donald Reagan, Edward D. Reagan, PA, Jupiter, FL, for Defendant - Appellant Allen James Sweetenberg

Lori E. Barrist, Peter Vincent Birch, Federal Public Defender’s Office, West Palm Beach, FL, Michael Caruso, Federal Public Defender, Federal Public Defender’s Office, Miami, FL, for Defendant - Appellant Jon Kyle French

Appeals from the United States District Court for the Southern District of Florida, D.C. Docket No. 9:17-cr-80082-KAM-2

Before WILLIAM PRYOR, GRANT and ANDERSON, Circuit Judges.

OPINION

PER CURIAM:

Allen Sweetenberg and John French appeal their convictions and sentences arising from their armed theft of marijuana. Sweetenberg challenges the denial of his motion for a judgment to acquit him of possessing with intent to distribute a controlled substance, 21 U.S.C. § 841(a)(1); 18 U.S.C. § 2, and the two-level enhancement of his base offense level for possession of a firearm, United States Sentencing Guidelines Manual § 2D1.1(b) (Nov. 2016). French challenges two evidentiary rulings

Page 1001

and the use of his prior convictions for robbery, Fla. Stat. § 812.13(1), to enhance his sentence under the Armed Career Criminal Act, 18 U.S.C. § 924(e). We affirm.

We apply four standards of review in this appeal. We review the denial of a motion for a judgment of acquittal de novo and draw all inferences from the evidence in favor of the government. See United States v. Evans, 473 F.3d 1115, 1118 (11th Cir. 2006). We also review de novo the application of the Sentencing Guidelines to findings of fact, which we review for clear error. See United...

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