IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
No. 96-8596
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
EDDIE CASTLEBERRY,
Defendant-Appellant.
Appeal from the United States District Court
for the Northern District of Georgia
(July 25, 1997)
Before BLACK, Circuit Judge, FAY and ALARCON*, Senior Circuit
Judges.
BY THE COURT:
_________________________________________________________________
*Honorable Arthur L. Alarcon, Senior U.S. Circuit Judge for the
Ninth Circuit, sitting by designation.
Appellant's letter motion to correct the opinion is GRANTED.
The court's opinion is modified as follows:
1. The last sentence of the first paragraph on page 2256
of the slip opinion is deleted. In its place the
following shall appear:
During the trial, Roger Rozen, an attorney and
government witness, testified that the numbers
next to his name reflected proper referral
fees for cases that London had either sent to
him or that they had worked on together. The
government also presented the testimony of a
James Cochran, a DUI defendant, who testified
that he paid London directly to fix his DUI
cases. Thus, the authenticity of the entries
was clearly established.
2. The third full paragraph on page 2256 of the slip
opinion is deleted. In its place the following shall
appear:
The dates of the entries are reasonably close
to the dates of the conspiracy alleged in the
indictment. The grand jury indictment clearly
states "beginning on a date which is unknown
to the Grand Jury, but which occurred on or
before January 1, 1988 . . . ." R1-1 (emphasis
added). Cochran's trial testimony revealed
that he paid London before, during, and after
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the January 1, 1988 date alleged in the
indictment.
Beginning in 1983 and continuing until 1992,
Cochran testified that during this period he
received at least eight DUI tickets in which
London "represented" him. On these eight
separate occasions, Cochran testified that he
paid London amounts ranging from three hundred
dollars to seven hundred dollars to handle his
DUI tickets. In each of these instances,
Cochran further stated that he never appeared
before a judge, never paid a fine, and never
lost his driver's license. This testimony
alone is sufficient to corroborate the
language and date used in the indictment and
to satisfy the "during the course" requirement
of Fed.R.Evid. 801(d)(2)(E).
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