United States v. Perez, et al., No. 09-13409 (11th Cir. 2011)
Annotate this CaseThis case involved convictions for two Hobbs Act, 18 U.S.C. 1951(a), conspiracies and related to substantive offenses: the first conspiracy Count 1, charged two appellants, Rene Gonzalez Perez and Amilka Del Monte, with conspiring to rob a check-cashing store; the second conspiracy, Count 5, grew out of the first conspiracy and charged all four appellants - Perez, Del Monte, Roberto Davila, and Luis Fernandez - and Reinier Pereier with conspiring to rob a fictional cocaine stash house. The related offenses were charged in Counts 6, 7, and 8. Count 6 alleged that all appellants attempted to rob the cocaine stash house; Count 7 alleged that they carried firearms in connection with such attempt; and Count 8 charged Del Monte with being a felon in possession of a firearm. On appeal, all appellants challenged the sufficiency of the evidence; in the alternative, appellants argued that a new trial should be granted because of several prejudicial errors that the district court made both pretrial and at trial; and Perez and Del Monte challenged their sentences. The convictions of Perez, Del Monte, Fernandez, and Davila were affirmed; Del Monte's sentences on Counts 7 and 8 were also affirmed; and Perez's sentences on Counts 1, 5, 6, and 7 were vacated, and his case remanded so that he could be afforded his right of allocution.
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