United States v. Farias, No. 14-15804 (11th Cir. 2016)Annotate this Case
Defendant was convicted of conspiring to traffic in stolen goods and to traffic in contraband cigarettes. The court concluded that the district court did not err in denying his motion to dismiss the superseding indictment as being untimely under the applicable statute of limitations; the district court did not err in denying his due-process challenge; defendant was not entitled to discovery on his misconduct claim and, in any event, defendant failed to show prejudice by the government’s failure to turn over any claimed information about any alleged benefits conferred on Phillip Morris; the evidence was sufficient to establish a conspiracy either to traffic in stolen goods or a conspiracy to traffic in contraband cigarettes; the district court did not err by denying defendant's request for a buyer-seller relationship instruction; and the district court committed harmless error by failing to enter a preliminary forfeiture order after the jury rendered its verdict and before the sentencing hearing. Accordingly, the court affirmed defendant's conviction for conspiracy and the district court's forfeiture order.