United States v. Ihab Steve Barsoum
2014 U.S. App. LEXIS 15761
| 11th Cir. | 2014Background
- Barsoum appeals a 204-month sentence after a jury convicted him of conspiracy to distribute Oxycodone and five counts of distribution outside professional practice.
- District Court attributed 56,000 30-mg pills across four categories: 16,000 to Scott, 11,000 Belsole pills, 24,000 to Stevens, 5,000 in DEA controlled buys.
- Scheme 1 (St. George’s Pharmacy) involved fake prescriptions and no ID; Barsoum learned and facilitated large-volume distribution.
- Scheme 2 (Scott) at Trinity Pharmacy involved forged doctor names/DEA numbers; Barsoum coached Scott on evading DEA and filled large quantities.
- Scheme 3 (Stevens) at Trinity Pharmacy involved multiple coop statements and shipments; Stevens testified to weekly pill receipts, with Barsoum supervising.
- Scheme 4 (Platinum/DEA buys) involved controlled buys; Barsoum provided prescriptions and verification calls; pills counted in sentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the conviction rests on a single conspiracy vs. multiple conspiracies | Barsoum argues there were multiple conspiracies (Scott, Stevens pre/post-arrest, Belsole). | Barsoum contends the evidence proves several independent conspiracies. | Single conspiracy proved; no material variance. |
| Whether the District Court properly denied suppression/Franks hearing | Franks hearing should be allowed to challenge omissions in warrant affidavit. | Franks standard not met; no substantial showing of misrepresentation. | Denial of suppression and Franks hearing affirmed. |
| Whether Joinder of conspiracy and substantive counts was proper | Counts should be severed due to potential prejudice and entrapment defenses. | Counts properly joined under Rule 8; severance not warranted. | Joinder proper; no abuse of discretion in denial of severance. |
| Whether drug-quantity finding (56,000 pills) is supported by preponderance of the evidence | Category pills (Scott, Belsole, Stevens, DEA buys) properly attributed to Barsoum. | Some category findings rely on estimates and disputed testimony. | Aggregate 56,000 pills supported by a preponderance; no clear error. |
| Whether the 801(d)(2)(E) coconspirator evidence was properly admitted | Stevens’ testimony includes coconspirator statements. | Admission flawed absent established conspiracy; prejudicial risk. | Admissible; alternatively, harmless error; affirmed. |
Key Cases Cited
- United States v. Arbolaez, 450 F.3d 1283 (11th Cir. 2006) (standard for reviewing denial of evidentiary hearing)
- United States v. Delancy, 502 F.3d 1297 (11th Cir. 2007) (mixed question of law and fact in suppression)
- United States v. Richardson, 532 F.3d 1279 (11th Cir. 2008) (material variance framework in conspiracy cases)
- United States v. Norris, 452 F.3d 1275 (11th Cir. 2006) (guidelines drug-quantity estimation standard)
- United States v. Almedina, 686 F.3d 1312 (11th Cir. 2012) (deferential review of drug-quantity findings; clear error standard)
- United States v. Gregg, 179 F.3d 1312 (11th Cir. 1999) (credibility determinations in quantity witnesses)