United States v. Benjamin, No. 18-13091 (11th Cir. 2020)Annotate this Case
The Eleventh Circuit affirmed defendant's convictions for distributing furanyl fentanyl, a controlled substance analogue, in counterfeit oxycodone pills that caused the death of a 34-year-old woman. The court held that the government introduced sufficient evidence to permit a reasonable jury to find beyond a reasonable doubt that the furanyl fentanyl defendant distributed caused the woman's death; the district court had subject matter jurisdiction over the first two drug counts of the indictment; the district court did not err, much less plainly err, in instructing the jury on scienter; the district court did not clearly err in finding that defendant voluntarily consented to the search of his bags at the airport and in denying the motion to suppress; the district court did not abuse its discretion in declining to further investigate any juror misconduct; and there was no cumulative error requiring reversal.