United States v. Dock Charles HUBERT, 138 F.3d 912 (11th Cir. 1998). · Go Syfert
United States v. Dock Charles HUBERT, 138 F.3d 912 (11th Cir. 1998). Cases Citing This Book View Copy Cite
63 citation events (57 in the last 25 years) across 1 distinct court.
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At page 914 Admissibility of prior bad acts evidence under rule 404(b)25 citing cases“if a reviewing court finds that a district court has abused its discretion in admitting evidence in violation of rule 404(b), then its decision to uphold the conviction is properly reviewed under a harmless error standard.”3 citing courts quote it · 22 listed here
  • United States v. Sergio Antonio Hood, No. 21-13903 (11th Cir. May 21, 2025).unpublished
    “If a reviewing court finds that a district court has abused its discretion in admitting evidence in violation of Rule 404(b), then its decision to uphold the conviction is properly reviewed under a harmless error standard.” United States…
  • United States v. Jermaine Lamar Harvard, No. 23-11616 (11th Cir. May 1, 2024).unpublished
    “If a reviewing court finds that a district court has abused its discretion in admitting evidence in violation of Rule 404(b), then its decision to uphold the conviction is properly reviewed under a harmless error standard.” United States…
  • United States v. Sergio Antonio Hood, No. 21-13903 (11th Cir. Feb. 21, 2024).unpublished
    “If a reviewing court finds that a district court has abused its discretion in admitting evidence in violation of Rule 404(b), then its decision to uphold the conviction is properly reviewed under a harmless error standard.” United States…
  • United States v. Cyrus Phyfier, 842 F. App'x 333 (11th Cir. 2021).unpublished
    United States v. Hubert, 138 F.3d 912, 914 (11th Cir. 1998); see also Fed.
  • United States v. Kimberly Horner, 853 F.3d 1201 (11th Cir. 2017).published
    (concluding error in admission of evidence under Rule 404(b) was harmless error in light of "substantial” evidence against the defendant)
  • United States v. Preston Lee Johnson, Jr., 615 F. App'x 582 (11th Cir. 2015).unpublished
    United States v. Hubert, 138 F.3d 912, 914 (11th Cir.1998); see also Fed.R.Evid. 103(a); Fed.R.Crim.P. 52(a).
  • United States v. Tavaris Lorenzo Scanes, 572 F. App'x 899 (11th Cir. 2014).unpublished
    United States v. Hubert, 138 F.3d 912, 914 (11th Cir.1998) (per curiam); see also Fed.R.Crim.P. 52(a) (“Any error, defect, irregularity, or variance that does not affect substantial rights must be disregarded.”).
  • United States v. Patricia Denese Anderson, 542 F. App'x 893 (11th Cir. 2013).unpublished
    See Fed.R.Crim.P. 52(a); United States v. Hubert, 138 F.3d 912, 914 (11th Cir.1998).
  • United States v. Calvin Joseph Moore, 535 F. App'x 795 (11th Cir. 2013).unpublished 2 cites
    United States v. Hubert, 138 F.3d 912, 914 (11th Cir.1998).
  • United States v. Charles Horton, 522 F. App'x 456 (11th Cir. 2013).unpublished
    United States v. Hubert, 138 F.3d 912, 914 (11th Cir.1998).
Show 12 more citing cases
  • United States v. Brenda Darling, 396 F. App'x 607 (11th Cir. 2010).unpublished
    (finding error harmless where evidence of guilt was “substantial)
  • United States v. Chester McCoy, 333 F. App'x 502 (11th Cir. 2009).unpublished
    Cf., U.S. v. Hubert, 138 F.3d 912, 914 (11th Cir.1998).
  • United States v. Tran, 342 F. App'x 758 (11th Cir. 2006).unpublished 6 cites
    In Hubert , the appellant’s sentence was enhanced for obstruction of justice based upon his trial testimony and his prior testimony at two hearings. 138 F.3d at 914-15 (11th Cir.1998).
  • United States v. Thong C. Tran, 171 F. App'x 758 (11th Cir. 2006).unpublished 3 cites
    In Hubert , the appellant’s sentence was enhanced for obstruction of justice based upon his trial testimony and his prior testimony at two hearings. 138 F.3d at 914-15 (11th Cir.1998).
  • United States v. Eliezer Yehudah Neufeld, 154 F. App'x 813 (11th Cir. 2005).unpublished
    U.S. v. Chavez, 204 F.3d at 1317 quoting US. v. Hubert, 138 F.3d 912, 914 (11th Cir.1998). 3.
  • United States v. Walter Lewis, 129 F. App'x 573 (11th Cir. 2005).unpublished
    Hubert, 138 F.3d at 914.
  • United States v. Chavez, 204 F.3d 1305 (11th Cir. 2000).published 2 cites
    (abuse of discretion by admitting 404(b) evidence is harmless error when there is substantial evidence against defendant)
  • United States v. James Harding, 104 F.4th 1291 (11th Cir. 2024).published
    See United States v. Hubert, 138 F.3d 912, 914 (11th Cir. 1998).
  • United States v. Richard Hoyt Crawford, Jr., No. 18-15060 (11th Cir. Feb. 14, 2020).unpublished
    See United States v. Hubert, 138 F.3d 912, 914 (11th Cir. 1998) (per curiam). 5 Case: 18-15060 Date Filed: 02/14/2020 Page: 6 of 10 Second, Crawford argues that the district court improperly excluded his expert’s report and testimony.
  • United States v. Stephen Mayer, 679 F. App'x 895 (11th Cir. 2017).unpublished 2 cites
    (explaining if we conclude a district court abused its discretion in admitting evidence in violation of Rule 404(b), we then determine whether the error was harmless)
  • United States v. Marvin Hersh, 297 F.3d 1233 (11th Cir. 2002).published
    See United States v. Hubert, 138 F.3d 912, 914 (11th Cir.1998).
  • United States v. Eugene E. Davis, 575 F. App'x 863 (11th Cir. 2014).unpublished
    Even if the district court abused its discretion by admitting Davis’s prior con *864 victions, the error was harmless. 1 Because of the overwhelming evidence of his guilt, the admission of the prior convictions in this case did not have a…
At page 915 Determining sufficiency of findings for sentencing enhancement14 citing casesstating that in the context of the record of the hearing, detailed findings were unnecessary and would have been redundant because the PSI, which the court adopted, spelled out the perjurious statements and the government elaborated on those statements at sentencing1 citing court put it this way · 13 listed here
  • United States v. Demal Cheeks, No. 23-12906 (11th Cir. Apr. 4, 2025).unpublished
    We have previously held that a defendant who fails to “request any particularized findings regarding the perjurious statements at the sentencing hearing . . . cannot now complain to this court.” United States v. Hubert, 138 F.3d 912, 915 (1…
  • United States v. Francisco Perez-Leyva, No. 18-15184 (11th Cir. Oct. 9, 2019).unpublished
    A defendant who fails to “request any particularized findings regarding the perjurious statements at the sentencing 10 Case: 18-15184 Date Filed: 10/09/2019 Page: 11 of 12 hearing . . . cannot now complain to this [C]ourt.” United States v…
  • United States v. Joel Esquenazi, 752 F.3d 912 (11th Cir. 2014).published
    See, e.g., United States v. Smith, 231 F.3d 800, 820 (11th Cir.2000); United States v. Hubert, 138 F.3d 912, 915 (11th Cir.1998) (citing United States v. Geffrard, 87 F.3d 448, 453 (11th Cir.1996)).
  • United States v. Allen Caprice Stoudemire, 491 F. App'x 124 (11th Cir. 2012).unpublished 2 cites
    (stating that in the context of the record of the hearing, detailed findings were unnecessary and would have been redundant because the PSI, which the court adopted, spelled out the perjurious statements and the governme…)
  • United States v. Reynaldo Perez, 451 F. App'x 864 (11th Cir. 2012).unpublished
    “Having failed to do so, [Perez] cannot now complain to this court.” United States v. Hubert, 138 F.3d 912, 915 (11th Cir.1998).
  • United States v. Antonio Lee Tyler, 277 F. App'x 866 (11th Cir. 2008).unpublished
    United States v. Hubert, 138 F.3d 912, 915 (11th Cir.1998).
  • United States v. Miguel Angel Mondragon, 181 F. App'x 904 (11th Cir. 2006).unpublished
    The argument that this “enhancement impermissibly chills [the] constitutional right to testify ... has been soundly rejected by both this Circuit and the Supreme Court.” United States v. Hubert, 138 F.3d 912, 915 (11th Cir.1998); see also…
  • United States v. John F. Thompson, III, 133 F. App'x 652 (11th Cir. 2005).unpublished
    And Thompson failed to request more specific findings on his perjurious statements: “[hjaving failed to do so, [he] cannot now complain to this court.” United States v. Hubert, 138 F.3d 912, 915 (11th Cir.1998). 1 Thompson argues second th…
  • United States v. Hasner, 340 F.3d 1261 (11th Cir. 2003).published
    United States v. Hubert, 138 F.3d 912, 915 (11th Cir.1998).
  • United States v. Smith, 231 F.3d 800 (11th Cir. 2000).published 4 cites
    While it might have been preferable for the district court to identify the material facts about which Hunter testified falsely and for which Smith was responsible, as we have said before, “in the context of the record . . . , detailed find…
Show 3 more citing cases
  • United States v. Syndy Anaia Felix, No. 22-10991 (11th Cir. Apr. 10, 2023).unpublished
    See United States v. Hubert, 138 F.3d 912, 915 (11th Cir. 1998).
  • United States v. Ram Kumar Singh, 291 F.3d 756 (11th Cir. 2002).published
    (holding that “[pjerjury under oath on material matters, not due to confusion or mistake, justifies such an increase.)
  • United States v. Wayerski, 624 F.3d 1342 (11th Cir. 2010).published
    Id. § 3C1.1, comment, (n.l). 38 . 208 F.3d 1258 , 1262 (11th Cir.2000), vacated and remanded on other grounds by Garcia v. United States, 531 U.S. 1062 , 121 S.Ct. 750 , 148 L.Ed.2d 653 (2001), reinstated by United States v. Garcia, 251 F.…
Retrieving the full opinion text from the archive…
United States of America
v.
Dock Charles Hubert
96-2822.
Court of Appeals for the Eleventh Circuit.
Apr 8, 1998.
Published opinion
138 F.3d 912
1998 U.S. App. LEXIS 6876
1998 WL 163716
Also reported at 49 Fed. R. Evid. Serv. 228; 11 Fla. L. Weekly Fed. 1195
Angela M. Cancio; Schutte and Cancio, Monticello, FL, for Defendant-Appellant., P. Michael Patterson, Bruce E. Lowe and Terri Lynn, Assts. U.S. Attys., Tallahassee, FL, for Plaintiff-Appellee.
Barkétt, Godbold, Goodwin.
Cited by 39 opinions  |  Published
PER CURIAM:

The defendant, Dock Charles Hubert (“Hubert”), appeals the judgment of conviction, the enháncement of his sentence for obstruction of justice, and the district court’s order denying his motion for a mistrial. We have jurisdiction to review the case under 28 U.S.C. § 1291. We affirm.

I.

On December 8, 1995, Hubert was found guilty by a jury on one count of conspiracy to possess with intent to distribute cocaine base in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(l)(A)(iii), and on three counts of possession with intent to distribute cocaine base in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(l)(B)(iii) and 18 U.S.C. § 2. Hubert filed a motion for a mistrial, arguing that the government wrongfully introduced testimonial- evidence of other criminal acts allegedly committed by Hubert over a twenty-year span prior to the dates covered in the indictment in order to attack Hubert’s character. Hubert claimed that this evidence unduly prejudiced the jury and prevented him from getting a fair trial. The district court denied the motion for a mistrial and entered a judgment of conviction against Hubert on all four counts. The district court then sentenced[*914] Hubert to 300 months on each count, to run concurrently. This sentence was based on a guideline range of 292-to-365 months for a Criminal History Category I and a Base Offense Level of 38 which was enhanced to 40 for obstruction of justice because the district court found that Hubert had lied when he testified dining trial and during earlier court hearings.

II.

We first deal with Hubert’s contention that the district court erred in not granting his motion for a mistrial. The indictment covers only the period of July 1992 to July of 1993. During the trial, however, the government elicited testimony from Richard Young about his prior drug dealings with Hubert going all the way back to the early 1970’s. Richard Young, who had already pled guilty to his involvement in the charged conspiracy, testified that he and Hubert started using drugs in the 1970’s; that he and Hubert had always been partners in drug dealing; that at one time he and Hubert had an apartment together in Miami from which they sold marijuana and powder cocaine; that in the late 1980’s, Hubert supplied him with cocaine from time to time; that starting in 1990, Hubert regularly sold him cocaine powder which he would then cook into crack cocaine; and that in 1991, he and Hubert reaffirmed their drug dealing partnership, agreeing to a 50/50 split in profits.

The government claims that Richard Young’s extensive testimony relating to his prior drug dealings with Hubert was necessary to explain the circumstances of the charged crimes and to clarify the relationship between Richard Young and Hubert. Hubert counters that the testimony was not relevant to establishing the relationship he had with Richard Young because there was no dispute that he and Richard Young had known each other and had been friends since childhood. Hubert argues that the government did not use the elicited testimony to explain the circumstances of the charged crimes but rather to show that Hubert possessed a criminal character or otherwise had the propensity to commit the crime with which he was charged.

After reviewing the record, we have to agree with Hubert that Richard Young’s testimony concerning drug activities prior to the 1991 alleged agreement was not necessary to show motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. The testimony cannot be called necessary to impeach Hubert because Hubert had not taken the stand at the time Richard Young’s testimony was offered. The testimony of events prior to the alleged agreement in 1991, therefore, had no value except to prove a criminal disposition in violation of the Federal Rule of Evidence 404(b). Accordingly, we hold that permitting the government to introduce the challenged testimony was an abuse of discretion.

This holding, however, does not mandate a reversal. If a reviewing court finds that a district court has abused its discretion in admitting evidence in violation of Rule 404(b), then its decision to uphold the conviction is properly reviewed under a harmless error standard. See Fed.R.Crim.P. 52(a). After reviewing the record, we hold that the district court’s admission of Richard Young’s testimony was harmless error. The evidence produced against Hubert at trial was substantial. Five witnesses gave consistent testimony concerning Hubert’s participation in the charged conspiracy to possess cocaine base with intent to distribute. These witnesses also, gave consistent testimony concerning Hubert’s actual possession of cocaine powder and cocaine base with intent to distribute during the relevant time frame. Because any reasonable construction of the evidence would allow a jury to find Hubert guilty beyond a reasonable doubt on all four counts, we affirm the conviction. We conclude that the district court did not abuse its discretion in denying the motion for a mistrial. United States v. Roper, 874 F.2d 782, 788 (11th Cir.1989) (internal citations omitted).

III.

Next we deal with Hubert’s contention that the district court erred in enhancing[*915] his sentence for obstruction of justice [2] based upon his testimony at trial and at two prior bond revocation hearings. Upon reviewing the record, we hold that the two-level- enhancement was proper. Perjury under oath on material matters, not due to confusion or mistake, justifies such an increase. United States v. Dunnigan, 507 U.S. 87, 93-94, 113 S.Ct. 1111, 1115-16, 122 L.Ed.2d 445 (1993). Hubert may claim that the sentence enhancement impermissibly chills his constitutional right to testify but this argument has been soundly rejected by both this Circuit and the Supreme Court. See United States v. Lawrence, 972 F.2d 1580, 1580 (11th Cir.1992); Dunnigan, 507 U.S. at 96, 113 S.Ct. at 1117. Hubert may further object that the district court failed to make a sufficiently detailed finding that he committed perjury and obstructed justice, but in the context of the record of the hearing, detailed findings were not necessary and would have been redundant. The Pre-Sentence Investigation Report, which the district court adopted, spelled out the perjurious statements and the government elaborated on these perjurious statements during the sentencing hearing. More importantly, Hubert did not request any particularized findings regarding the perjurious statements at the sentencing hearing. Having failed to do so, Hubert cannot now complain to this court. See United States v. Geffrard, 87 F.3d 448, 453 (11th Cir.1996), cert. denied, — U.S. -, 117 S.Ct. 443, — L.Ed.2d - (1996).

AFFIRMED.

2

. Sentencing Guideline § 3C1.1 states in full: "If the defendant willfully obstructed or impeded, or attempted to obstruct or impede, the administration of justice during the investigation, prosecution, or sentencing of the instant offense, increase the level by 2 levels.” U.S.S.G. § 3C1.1.