United States v. Barsoum, No. 13-10710 (11th Cir. 2014)
Annotate this CaseDefendant appealed his sentence and conviction for one count of conspiring to dispense Oxycodone not for a legitimate medical purpose and not in the usual course of professional practice, and five counts of distributing Oxycodone outside the course of professional practice. The court concluded that the district court correctly denied defendant's motion to suppress where the application and affidavit for the warrant supported a finding of probable cause; the jury had an evidentiary basis to find defendant was the key man or hub of a single conspiracy to illegally distribute Oxycodone between 2007 and 2011, and no material variance occurred; because the court concluded that the jury properly found a single conspiracy was proved at trial, the court rejected defendant's duplicity arguments; the district court did not err in its drug-quantity findings; joinder was proper and the district court did not abuse its discretion by denying defendant's motion to sever; and the court rejected defendant's remaining claims. Accordingly, the court affirmed the judgment of the district court on all issues.
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