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  • United States v. Eduardo Batista Barquin, 11th Cir. (2010)

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    The United States Court of Appeals for the Eleventh Circuit affirmed the district court's judgment in the case of United States v. Eduardo Batista Barquin. The appellate court considered four issues raised by Batista Barquin on appeal, including whether the evidence was sufficient to prove his knowledge and intent to defraud, whether he was deprived of a fair trial due to alleged errors by the district court, whether the district court properly denied his motion for a new trial, and whether the district court correctly calculated loss amounts and applied a sentencing enhancement. After reviewing the record and briefs and hearing oral arguments, the appellate court affirmed the district court's rulings on all issues.

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    Filed: 2010-06-15 Precedential Status: Non-Precedential Docket: 09-12078

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    The United States Court of Appeals for the Eleventh Circuit affirmed the district court's judgment in the case of United States v. Eduardo Batista Barquin. The appellate court considered four issues raised by Batista Barquin on appeal, including whether the evidence was sufficient to prove his knowledge and intent to defraud, whether he was deprived of a fair trial due to alleged errors by the district court, whether the district court properly denied his motion for a new trial, and whether the district court correctly calculated loss amounts and applied a sentencing enhancement. After reviewing the record and briefs and hearing oral arguments, the appellate court affirmed the district court's rulings on all issues.

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    4 views2 pages

    United States v. Eduardo Batista Barquin, 11th Cir. (2010)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Eleventh Circuit affirmed the district court's judgment in the case of United States v. Eduardo Batista Barquin. The appellate court considered four issues raised by Batista Barquin on appeal, including whether the evidence was sufficient to prove his knowledge and intent to defraud, whether he was deprived of a fair trial due to alleged errors by the district court, whether the district court properly denied his motion for a new trial, and whether the district court correctly calculated loss amounts and applied a sentencing enhancement. After reviewing the record and briefs and hearing oral arguments, the appellate court affirmed the district court's rulings on all issues.

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    [DO NOT PUBLISH]

    IN THE UNITED STATES COURT OF APPEALS


    FILED

    FOR THE ELEVENTH CIRCUITU.S. COURT OF APPEALS


    ________________________
    ELEVENTH CIRCUIT
    No. 09-12078
    ________________________

    JUNE 15, 2010


    JOHN LEY
    CLERK

    D. C. Docket No. 08-20423-CR-UU


    UNITED STATES OF AMERICA,

    Plaintiff-Appellee,
    versus
    EDUARDO BATISTA BARQUIN,
    a.k.a. Eduardo Batista,
    Defendant-Appellant.

    ________________________
    Appeal from the United States District Court
    for the Southern District of Florida
    _________________________
    (June 15, 2010)
    Before BIRCH and MARCUS, Circuit Judges, and HODGES,* District Judge.
    PER CURIAM:
    *

    Wm. Terrell Hodges, United States District Judge for the Middle District of Florida,
    sitting by designation.

    On appeal, defendant-appellant Eduardo Batista Barquin raises four issues:


    (1) whether the evidence was sufficient to prove his knowledge and intent to
    defraud; (2) whether he was deprived of a fair trial based on the district courts
    alleged cumulative errors in admitting the evidence of billing practices of a
    different company than the one for which Batista was prosecuted, giving a
    deliberate ignorance instruction, and allowing the prosecutors closing argument
    comments; (3) whether the district court abused its discretion in denying his
    motion for new trial; and (4) whether the district court properly calculated the
    amount of loss and enhanced his sentence for obstruction of justice.
    After careful review of the record and briefs, as well as having had the
    benefit of oral argument, we AFFIRM the judgment of the district court.

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