[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
_____________________________U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
APRIL 20, 2005
No. 04-11010
_____________________________ THOMAS K. KAHN
CLERK
D. C. Docket No. 03-00147-CR-S-M
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOHN DAVID FLOYD,
Defendant-Appellant.
_________________________________________
Appeal from the United States District Court
for the Northern District of Alabama
_________________________________________
(April 20, 2005)
Before EDMONDSON, Chief Judge, DUBINA and HULL, Circuit Judges.
PER CURIAM:
BACKGROUND
John Floyd was charged with five counts of witness tampering in violation
of 18 U.S.C. § 1512(b)(1). He was acquitted of Count 1, but a jury found him
guilty of the other charges. The Court entered a judgment consistent with the jury
verdict. Floyd now appeals on various grounds.
DISCUSSION
Floyd raises the following issues on appeal: (1) whether the Government
failed to present sufficient evidence to support his conviction; (2) whether the
district court erred in its instructions to the jury on the elements of the offense, the
safe harbor defense, and the meaning of “corruptly persuades” under 18 U.S.C. §
1512(b); (3) whether the district court erred in denying his motion in limine
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requesting the redaction of portions of his taped conversations referring to race;
(4) whether the district court erred in denying his motion for a new trial on
grounds the Government’s delayed disclosure of information pertaining to a
witness violated Giglio v. United States, 92 S.Ct. 763 (1972); (5) whether he is
entitled to a new trial because of cumulative error; and (6) whether the district
court erred in applying the abuse of trust enhancement.
After a review of the record and consideration of Floyd’s arguments, we
conclude that no reversible error has been presented and affirm the district court’s
judgment.
AFFIRMED.
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