United States v. Edgar Jamal Gamory
635 F.3d 480
| 11th Cir. | 2011Background
- Gamory appeals his convictions for conspiracy to possess with intent to distribute cocaine and marijuana and for money laundering, and his life sentence.
- An indictment in June 2008 charged Gamory and co-defendants with a cocaine/marijuana conspiracy and four money-laundering counts; § 851 notice for enhanced punishment was filed.
- DEA investigation traced from a large currency seizure of over $800,000 in Olvera’s possession, identifying Gamory (JB) as a drug trafficker via informant and ledgers.
- Witnesses testified that Gamory supplied cocaine to Juangorena, managed shipments across several states, and used aliases and relatives to hide assets and drug proceeds.
- Authorities seized cash, jewelry, firearms, and a hidden drug-transport compartment during a May 2007 search of Gamory’s residence and an associated apartment garage; a rap video from Hush Money Entertainment was later admitted at trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the suppression ruling violated Franks | Gamory | Gamory | No Franks error; probable cause supported |
| Admissibility and prejudicial impact of the rap video | Gamory | Gamory | Video error but harmless |
| Batson challenge to peremptory strikes | Gamory | Gamory | No Batson violation |
| Sufficiency of evidence to support money-laundering convictions | Gamory | Gamory | Evidence sufficient for money laundering counts |
| Apprendi-based challenge to drug-quantity findings for life sentence | Gamory | Gamory | Apprendi challenge rejected; sentence affirmed |
Key Cases Cited
- Batson v. Kentucky, 476 U.S. 79 (Sup. Ct. 1986) (prohibition on race-based peremptory juror strikes)
- Franks v. Delaware, 438 U.S. 154 (Sup. Ct. 1978) (due-process-based challenge to warrant affidavits for deliberate false statements)
- Illinois v. Gates, 462 U.S. 213 (Sup. Ct. 1983) (totality-of-the-circumstances probable-cause standard)
- Kapordelis, 569 F.3d 1291 (11th Cir. 2009) (Franks hearing standard and probable-cause analysis)
- Kotteakos, 328 U.S. 765 (Sup. Ct. 1946) (harmless-error standard for evaluating evidentiary error)