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Cf. Bennett, 368 F.3d at 1352 (relying on general inquiry about whether any juror “knows of any reason whatsoever that would cause you to question your ability to serve as a juror in this case,” to affirm District Court’s refusal to ask voir dire question about whether jurors would be biased based on Mr. Bennett’s prior felony conviction, while also noting that the description of the offenses against Mr. Bennett made the jurors “aware that [he] had a prior felony conviction”…

Cf. Bennett, 368 F.3d at 1352 (relying on general inquiry about whether any juror “knows of any reason whatsoever that would cause you to question your ability to serve as a juror in this case,” to affirm District Court’s refusal to ask voir dire question about whether jurors would be biased based on Mr. Bennett’s prior felony conviction, while also noting that the description of the offenses against Mr. Bennett made the jurors “aware that [he] had a prior felony conviction”…

“The denial of a motion to sever is reviewed for abuse of discretion.” United States v. Bennett, 368 F.3d 1343, 1351 (11th Cir.2004), vacated on other grounds, 543 U.S. 1110 , 125 S.Ct. 1044 , 160 L.Ed.2d 1041 (2005).

See United States v. Massuet, 851 F.2d 111, 115 (4th Cir.1988)(noting that the proper procedure for dealing with the problem of an erroneously cited statute would be to remand the case for resentencing under the proper statute): United States v. Bennett, 368 F.3d 1343, 1352-55 (11th Cir.2004) (holding that sufficient evidence supported a conviction for attempt to kill an officer of the United States, under 18 U.S.C. § 1114 , where the defendant was actually charged with viol…

While paragraph (2) does not address habitual offenders, Fla. Stat. § 322.34 (5) does, providing that “[a]ny person whose driver’s license has been revoked pursuant to [§ ] 322.264 (habitual offender) and who drives any motor vehicle upon the highways of this state while such license is revoked is guilty of a felony of the third degree.... ” Fla. Stat. § 322.34 (5). 1 Federal Rule of Criminal Procedure 7(c)(3) provides that “[ujnless the defendant was misled and thereby prej…

United States v. Bennett, 368 F.3d 1343, 1356-57 (11th Cir.2004), vacated on other grounds, 543 U.S. 1110 , 125 S.Ct. 1044 , 160 L.Ed.2d 1041 (2005).

Cf. United States v. Bennett, 368 F.3d 1343, 1351-52 (11th Cir.2004) (rejecting challenge to district court’s refusal to ask specific voir dire question about bias against felons, where the district court had advised the venire that the defendant was charged with being a felon in possession of a firearm and generally inquired about the jury’s impartiality).

Separate trials of counts are permitted “[i]f the joinder of offenses ... in an indictment ... appears to prejudice a defendant.” Fed.R.Crim.P. 14(a) In United States v. Bennett, 368 F.3d 1343, 1351 (11th Cir.2004), vacated on other grounds, 543 U.S. 1110 , 125 S.Ct. 1044 , 160 L.Ed.2d 1041 (2005), we determined a defendant could not prove he was prejudiced as a result of a district court denying his motion to sever, where “the jury did not hear any details about the prior b…

We assume “that a jury follows the instructions given to it by the district court.” United States v. Bennett, 368 F.3d 1343, 1351 (11th Cir. 2004).

The jury was thus instructed to consider in each question whether Wilbur’s protected activity was a factor, rather than the exclusive factor, leading to Wilbur’s discharge. ‘We presume that a jury follows the instructions given to it by the district court.” United States v. Bennett, 368 F.3d 1343, 1351 (11th Cir.2004).

See United States v. Bailey, 961 F.2d 180, 182 (11th Cir.1992); see also United States v. Bennett, 368 F.3d 1343, 1358 (11th Cir.2004) (concluding that offense motivated by status of government officer when he and other officers announced their presence before executing warrant), cert. granted, vacated, and remanded on other ground, 543 U.S. 1110 , 125 S.Ct. 1044 , 160 L.Ed.2d 1041 (2005), opinion reinstated, 131 Fed.Appx. 657 (11th Cir.2005).

See United States v. Massuet, 851 F.2d 111, 115 (4th Cir.1988) (noting that the “proper procedure for dealing with the problem of the erroneously cited statute *810 would be to remand the case for resentencing under the proper statute”) (citation omitted); see also United States v. Bennett, 368 F.3d 1343, 1352-55 (11th Cir.2004) (holding that sufficient evidence supported a conviction for attempt to kill an officer of the United States, under 18 U.S.C. § 1114 , where the def…

See United States v. Jiminez, 983 F.2d 1020, 1023 (11th Cir.1993) (finding no prejudice from district court’s failure to sever felon-in-possession charge where trial record gave “no indication that [defendant’s] prior criminal activity was unduly emphasized at trial”); see also United States v. Bennett, 368 F.3d 1343, 1351 (11th Cir.2004), vacated on other grounds, 543 U.S. 1110 , 125 S.Ct. 1044 , 160 L.Ed.2d 1041 (2005).