UNITED STATES of Am., Plaintiff-Appellee, v. Dock Charles HUBERT, Defendant-Appellant, 138 F.3d 912 (11th Cir. 1998). · Go Syfert
UNITED STATES of Am., Plaintiff-Appellee, v. Dock Charles HUBERT, Defendant-Appellant, 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.
Strongest positive: United States v. Sergio Antonio Hood (ca11, 2025-05-21)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 39 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Sergio Antonio Hood
11th Cir. · 2025 · confidence medium
“If a reviewing court finds that a district court has abused its discretion in admitting evidence in vi- olation of Rule 404(b), then its decision to uphold the conviction is properly reviewed under a harmless error standard.” United States v. Hubert, 138 F.3d 912, 914 (11th Cir. 1998).
discussed Cited as authority (rule) United States v. Demal Cheeks
11th Cir. · 2025 · confidence medium
We have previously held that a de- fendant 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 (11th Cir. 1998) (citing United States v. Geffrard, 87 F.3d 448, 453 (11th Cir. 1996)).
discussed Cited as authority (rule) United States v. Jermaine Lamar Harvard
11th Cir. · 2024 · confidence medium
“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 re- viewed under a harmless error standard.” United States v. Hubert, 138 F.3d 912, 914 (11th Cir. 1998).
discussed Cited as authority (rule) United States v. Sergio Antonio Hood
11th Cir. · 2024 · confidence medium
“If a reviewing court finds that a district court has abused its discretion in admitting evidence in vi- olation of Rule 404(b), then its decision to uphold the conviction is properly reviewed under a harmless error standard.” United States v. Hubert, 138 F.3d 912, 914 (11th Cir. 1998).
cited Cited as authority (rule) United States v. Cyrus Phyfier
11th Cir. · 2021 · confidence medium
United States v. Hubert, 138 F.3d 912, 914 (11th Cir. 1998); see also Fed.
discussed Cited as authority (rule) United States v. Francisco Perez-Leyva
11th Cir. · 2019 · confidence medium
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. Hubert, 138 F.3d 912, 915 (11th Cir. 1998); see United States v. Geffrard, 87 F.3d 448, 453 (11th Cir. 1996) (same).
discussed Cited as authority (rule) United States v. Kimberly Horner
11th Cir. · 2017 · confidence medium
As Mrs. Horner concedes in her opening brief: “The government had a copious amount of evidence in this case,” such that there was “no need to supplement the evidence . . . with . . . material from previous tax years.” See United States v. Hubert, 138 F.3d 912, 914 (11th Cir. 1998) (concluding error in admission of evidence under Rule 404(b) was harmless error in light of “substantial” evidence against the defendant). 28
discussed Cited as authority (rule) United States v. Kimberly Horner
11th Cir. · 2017 · confidence medium
As Mrs. Horner concedes in her opening brief: "The government had a copious amount of evidence in this case,” such that there was "no need to supplement the evidence ... with ... material from previous tax years.” See United States v. Hubert, 138 F.3d 912, 914 (11th Cir. 1998) (concluding error in admission of evidence under Rule 404(b) was harmless error in light of "substantial” evidence against the defendant).
cited Cited as authority (rule) United States v. Preston Lee Johnson, Jr.
11th Cir. · 2015 · confidence medium
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).
discussed Cited as authority (rule) United States v. Tavaris Lorenzo Scanes
11th Cir. · 2014 · confidence medium
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.”).
cited Cited as authority (rule) United States v. Joel Esquenazi
11th Cir. · 2014 · confidence medium
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)).
cited Cited as authority (rule) United States v. Patricia Denese Anderson
11th Cir. · 2013 · confidence medium
See Fed.R.Crim.P. 52(a); United States v. Hubert, 138 F.3d 912, 914 (11th Cir.1998).
discussed Cited as authority (rule) United States v. Calvin Joseph Moore (2×) also: Cited "see"
11th Cir. · 2013 · confidence medium
United States v. Hubert, 138 F.3d 912, 914 (11th Cir.1998).
cited Cited as authority (rule) United States v. Charles Horton
11th Cir. · 2013 · confidence medium
United States v. Hubert, 138 F.3d 912, 914 (11th Cir.1998).
discussed Cited as authority (rule) United States v. Allen Caprice Stoudemire (2×) also: Cited "see, e.g."
11th Cir. · 2012 · confidence medium
Taylor, 88 F.3d at 944 ; see also Uscinski, 369 F.3d at 1246 (holding that, where record clearly reflected the basis for the district court’s obstruction of justice enhancement, and the defendant did not dispute that his statements supported an enhancement, remand for additional findings was unnecessary); United States v. Hubert, 138 F.3d 912, 915 (11th Cir.1998) (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 government elaborate…
cited Cited as authority (rule) United States v. Reynaldo Perez
11th Cir. · 2012 · confidence medium
“Having failed to do so, [Perez] cannot now complain to this court.” United States v. Hubert, 138 F.3d 912, 915 (11th Cir.1998).
discussed Cited as authority (rule) United States v. Brenda Darling
11th Cir. · 2010 · confidence medium
See United States v. Hersh, 297 F.3d 1233 , 1254 n. 31 (11th Cir.2002) (concluding that any error in admitting Rule 404(b) evidence was harmless in light of overwhelming evidence of guilt); United States v. Hubert, 138 F.3d 912, 914 (11th Cir.1998) (finding error harmless where evidence of guilt was “substantial”).
cited Cited as authority (rule) United States v. Chester McCoy
11th Cir. · 2009 · signal: cf. · confidence medium
Cf., U.S. v. Hubert, 138 F.3d 912, 914 (11th Cir.1998).
cited Cited as authority (rule) United States v. Antonio Lee Tyler
11th Cir. · 2008 · confidence medium
United States v. Hubert, 138 F.3d 912, 915 (11th Cir.1998).
discussed Cited as authority (rule) United States v. Miguel Angel Mondragon
11th Cir. · 2006 · confidence medium
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 Dunnigan, 507 U.S. at 96, 113 S.Ct. 1111 (“[A] defendant’s right to testify does not include a right to commit perjury.”).
examined Cited as authority (rule) United States v. Tran (3×) also: Cited "see"
11th Cir. · 2006 · confidence medium
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).
examined Cited as authority (rule) United States v. Tran (3×) also: Cited "see"
11th Cir. · 2006 · confidence medium
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).
examined Cited as authority (rule) United States v. Thong C. Tran (3×) also: Cited "see"
11th Cir. · 2006 · confidence medium
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).
cited Cited as authority (rule) United States v. Eliezer Yehudah Neufeld
11th Cir. · 2005 · confidence medium
U.S. v. Chavez, 204 F.3d at 1317 quoting US. v. Hubert, 138 F.3d 912, 914 (11th Cir.1998). 3.
discussed Cited as authority (rule) United States v. John F. Thompson, III
11th Cir. · 2005 · confidence medium
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 that the district court improperly excluded proffered defense testimony from Stanley Wheelous, a senior open-market timber buyer for MeadWestvaco (“Mead”), about the timber industry’s custom of mixing timber loads on “special price contracts.” 2 Thompson contends that the government introduced evidence suggesting he fraudulently violated the speci…
cited Cited as authority (rule) United States v. Walter Lewis
11th Cir. · 2005 · confidence medium
Hubert, 138 F.3d at 914.
cited Cited as authority (rule) United States v. Hasner
11th Cir. · 2003 · confidence medium
United States v. Hubert, 138 F.3d 912, 915 (11th Cir.1998).
discussed Cited as authority (rule) United States v. Smith (2×) also: Cited "see"
11th Cir. · 2000 · confidence medium
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 findings were not necessary and would have been redundant.” United States v. Hubert, 138 F.3d 912, 915 (11th Cir.1998); accord United States v. Diaz, 190 F.3d 1247, 1256 (11th Cir.1999) (general finding that encompasses all factual predicates of perjury is sufficient).
discussed Cited as authority (rule) United States v. Smith (2×) also: Cited "see"
11th Cir. · 2000 · confidence medium
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 findings were not necessary and would have been redundant.” United States v. Hubert, 138 F.3d 912, 915 (11th Cir. 1998); accord United States v. Diaz, 190 F.3d 1247, 1256 (11th Cir. 1999) (general finding that encompasses all factual predicates of perjury is sufficient).
discussed Cited as authority (rule) United States v. Chavez
11th Cir. · 2000 · signal: cf. · confidence medium
Cf. United States v. Hubert, 138 F.3d 912, 914 (11th Cir.1998) (abuse of discretion by admitting 404(b) evidence is harmless error when there is substantial evidence against defendant), cert. denied, — U.S. -, 119 S.Ct. 201 , 142 L.Ed.2d 165 (1998); United States v. Martin, 794 F.2d 1531 , 1533 n. 4 (11th Cir.1986) (admission of 404(b) evidence is harmless error when evidence of guilt is substantial and defendant’s rights not affected).
discussed Cited as authority (rule) United States v. Chavez
11th Cir. · 2000 · signal: cf. · confidence medium
Cf. United States v. Hubert, 138 F.3d 912, 914 (11th Cir. 1998) (abuse of 9 The “evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.” Fed.
cited Cited "see" United States v. James Harding
11th Cir. · 2024 · signal: see · confidence high
See United States v. Hubert, 138 F.3d 912, 914 (11th Cir. 1998).
cited Cited "see" United States v. Syndy Anaia Felix
11th Cir. · 2023 · signal: see · confidence high
See United States v. Hubert, 138 F.3d 912, 915 (11th Cir. 1998).
discussed Cited "see" United States v. Richard Hoyt Crawford, Jr.
11th Cir. · 2020 · signal: see · confidence high
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.
discussed Cited "see" United States v. Stephen Mayer (2×)
11th Cir. · 2017 · signal: see · confidence high
See United States v. Hubert, 138 F.3d 912, 914 (11th Cir. 1998) (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).
cited Cited "see" United States v. Marvin Hersh
11th Cir. · 2002 · signal: see · confidence high
See United States v. Hubert, 138 F.3d 912, 914 (11th Cir.1998).
discussed Cited "see" United States v. Ram Kumar Singh
11th Cir. · 2002 · signal: see · confidence high
Perjury, for purposes of applying this enhancement, has been defined by the United States Supreme Court as “false testimony concerning a material matter with the -willful intent to provide false testimony, rather than as a result of confusion, mistake, or faulty memory.” United States v. Dunnigan, 507 U.S. 87, 94 , 113 S.Ct. 1111 , 122 L.Ed.2d 445 (1993); see United States v. Hubert, 138 F.3d 912, 915 (11th Cir.1998)(holding that “[pjerjury under oath on material matters, not due to confusion or mistake, justifies such an increase.”).
discussed Cited "see, e.g." United States v. Eugene E. Davis
11th Cir. · 2014 · signal: see also · confidence medium
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 “substantial and injurious effect or influence in determining the jury’s verdict.” See Phaknikone, 605 F.3d at 1109 ; see also United States v. Hubert, 138 F.3d 912, 914 (11th Cir.1998) (per curiam).
discussed Cited "see, e.g." United States v. Wayerski
11th Cir. · 2010 · signal: see also · confidence medium
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.3d 160 (11th Cir.2001) (unpublished). 39 . 443 F.3d 814, 819 (11th Cir.2006). 40 . 231 F.3d 800 , 820 (11th Cir.2000); see also United States v. Hubert, 138 F.3d 912, 915 (11th Cir.1998). 41 . 552 U.S. 38, 46 , 128 S.Ct. 586, 594 , 169 L.Ed.2d 445 (2007). 42 . 431 F.3d 784, 788 (11th Cir.2005). 43 . 515 F.3d 1179, 1190 (11th Cir.2008). 44 .
Retrieving the full opinion text from the archive…
49 Fed. R. Evid. Serv. 228, 11 Fla. L. Weekly Fed. C 1195 United States of America
v.
Dock Charles Hubert
96-2822.
Court of Appeals for the Eleventh Circuit.
Apr 8, 1998.
138 F.3d 912
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.