United States v. Lenard Roy Gibbs

U.S. Court of Appeals for the Eleventh Circuit

United States v. Lenard Roy Gibbs

Opinion

USCA11 Case: 19-13510 Date Filed: 08/11/2022 Page: 1 of 3

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 19-13510 ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus LENARD ROY GIBBS, a.k.a. Danger,

Defendant-Appellant.

____________________

Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:17-cr-00207-CAP-CMS-1 ____________________ USCA11 Case: 19-13510 Date Filed: 08/11/2022 Page: 2 of 3

2 Opinion of the Court 19-13510

Before WILSON, BRANCH, and LAGOA, Circuit Judges. PER CURIAM: This court has considered all of Defendant-Appellant Lenard Roy Gibbs’s specifications of error, including: 1. Whether district court abused its discretion by admitting testimony that a witness who identified Gibbs as the rob- ber was a probation officer. 2. Whether the district court abused its discretion by admit- ting expert testimony under Federal Rule of Evidence 702 and Daubert. 3. Whether the district court abused its discretion by failing to declare a mistrial after the foreperson brought a text- book to jury deliberations. 4. Whether the district court abused its discretion by admit- ting the out-of-court identifications of Gibbs as the rob- ber. 5. Whether the district court erred by finding that “more than sufficient” probable cause supported Gibbs’s arrest. 6. Whether the district court erred when it gave jury in- structions. 7. Whether there was cumulative error. After review and consideration of the briefs and the record, and with the benefit of oral argument, we find no reversible error USCA11 Case: 19-13510 Date Filed: 08/11/2022 Page: 3 of 3

19-13510 Opinion of the Court 3

in the district court’s proceedings. Therefore, the district court’s decisions are affirmed. AFFIRMED.

Reference

Status
Unpublished