United States v. Timothy Wayne Seabury

507 F. App'x 836
CourtCourt of Appeals for the Eleventh Circuit
DecidedFebruary 8, 2013
Docket11-15609
StatusUnpublished

This text of 507 F. App'x 836 (United States v. Timothy Wayne Seabury) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Timothy Wayne Seabury, 507 F. App'x 836 (11th Cir. 2013).

Opinion

PER CURIAM:

Appellant Timothy Wayne Seabury appeals his convictions and total life sentence after a jury trial for conspiracy to possess with intent to distribute crack cocaine, conspiracy to possess with intent to distribute methamphetamine, conspiracy to manufacture methamphetamine, and attempt to manufacture methamphetamine, all in violation of 21 U.S.C. § 846.

On appeal, Seabury raises three issues. First, he argues for the first time that the district court abused its discretion in excluding his testimony, because it was not offered for the truth of the matter asserted, and the testimony of defense witness Billy Nelson, because it was admissible under the “residual” hearsay exception in Fed.R.Evid. 807. He also argues for the first time that excluding his and Nelson’s testimony violated his right to a fair trial and prevented him from presenting a defense. Second, he argues that the district court abused its discretion in disqualifying his counsel of choice because no actual or serious potential for conflict existed, and the court ignored available alternatives to disqualification. Third, he argues for the first time that the district court erred in deviating from the Sentencing Guidelines “without explanation” by sentencing him to a term of life imprisonment. For the reasons that follow, we affirm.

I. The Excluded Testimony at Trial

When an appellant does not contemporaneously object to an evidentiary ruling in the district court, we are limited to review for plain error. United States v. Turner, 474 F.3d 1265, 1275 (11th Cir.2007). Similarly, when the proper basis for admission is not presented to the district court, we review the district court’s evidentiary ruling for plain error only. United States v. King, 73 F.3d 1564, 1571-72 (11th Cir.1996). We have held that an error is not plain when the basis for admission of excluded evidence was not raised at trial. Id. at 1572 (addressing Federal Rule of Evidence 806 and explaining that to apply the plain error exception to the contemporaneous objection rule when trial counsel had an opportunity to assert the basis for admission would lead to “the exception swallowing the rule”).

The district court does not have discretion to exclude crucial, relevant evidence that is necessary to establish a valid defense. United States v. Todd, 108 F.3d 1329, 1332 (11th Cir.1997). However, a defendant is still required to comply with established rules of procedure and evidence when presenting a full and complete defense. United States v. Anderson, 872 F.2d 1508, 1519 (11th Cir.1989).

Rule 801(c) defines hearsay as a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted. Fed.R.Evid. 801(c). Thus, if an out-of-court statement is offered for some purpose other than to prove the truth of the matter asserted, it is not hearsay. E.g., United States v. Parry, 649 F.2d 292, 295 (5th Cir. Unit B 1981).

Pursuant to Rule 807, “a hearsay statement is not excluded by the rule against hearsay even if the statement is not specif- *839 ieally covered by a hearsay exception” if: (1) the statement has “equivalent circumstantial guarantees of trustworthiness”; (2) it is “offered as evidence of material fact”; (3) it is “more probative on the point for which it is offered than any other evidence that the proponent can obtain through reasonable efforts”; and (4) “admitting it will best serve the purposes of these rules and the interests of justice.” Fed.R.Evid. 807.

As noted above, we have held specifically that an error is not plain when the basis for admission of excluded evidence was not raised at trial. King, 73 F.3d at 1572. Here, counsel had an opportunity to argue that Seabury’s testimony was admissible because it was not offered to prove the truth of the matter asserted, but he did not. Thus, because this argument— that the testimony should be admitted because it was not hearsay—was not asserted as a basis for admission, any error by the district court in this respect was not plain. Similarly, counsel also had an opportunity to argue that Nelson’s testimony was admissible under Rule 807, but he did not, so any error by the district court in failing to admit Nelson’s testimony under this rule was not plain. Id.

Finally, regardless of the excluded testimony, Seabury was able, through the rest of his testimony, to present a valid defense. As a result, we conclude that his right to a fair trial was not violated, nor was he prevented from presenting his defense. Todd, 108 F.3d at 1332. Accordingly, we affirm as to this issue.

II. Disqualification of Counsel

“A trial court’s decision to disqualify the defendant’s counsel is reviewed for abuse of discretion.” United States v. Campbell, 491 F.3d 1306, 1310 (11th Cir.2007) (internal quotation marks omitted). In applying the abuse of discretion standard, we recognize that a district court has a “a range of choice, and so long as its decision does not amount to a clear error of judgment” we “will not reverse even if we would have gone the other way had the choice been ours to make.” Id. (internal quotation marks, alterations, and ellipsis omitted).

The Sixth Amendment guarantees that “[i]n all criminal prosecutions, the accused shall enjoy the right [ ] to have the Assistance of Counsel for his defence.” U.S. Const, amend. VT. “[A]n essential part of that right is the accused’s ability to select the counsel of his choice.” United States v. Ross, 33 F.3d 1507, 1522 (11th Cir.1994). “Thus, a criminal defendant has a presumptive right to counsel of choice.” Id. at 1522-23. Nevertheless, “while the right to be represented by one’s preferred attorney is comprehended by the Sixth Amendment, the essential aim of the Amendment is to guarantee an effective advocate for each criminal defendant rather than to ensure that a defendant -will inexorably be represented by the lawyer whom he prefers.” Campbell, 491 F.3d at 1310 (quotation and ellipsis omitted). Thus, a defendant’s right to the counsel of his choice is not absolute. Id.

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Related

United States v. King
73 F.3d 1564 (Eleventh Circuit, 1996)
United States v. John Kevin Talley
431 F.3d 784 (Eleventh Circuit, 2005)
United States v. Trelliny T. Turner
474 F.3d 1265 (Eleventh Circuit, 2007)
United States v. William Herman Dorman
488 F.3d 936 (Eleventh Circuit, 2007)
United States v. William C. Campbell
491 F.3d 1306 (Eleventh Circuit, 2007)
Rita v. United States
551 U.S. 338 (Supreme Court, 2007)
Gall v. United States
552 U.S. 38 (Supreme Court, 2007)
United States v. Scott Parry
649 F.2d 292 (Fifth Circuit, 1981)
United States v. Keith Anderson, Byron Carlisle
872 F.2d 1508 (Eleventh Circuit, 1989)
United States v. Allan Ross
33 F.3d 1507 (Eleventh Circuit, 1994)

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Bluebook (online)
507 F. App'x 836, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-timothy-wayne-seabury-ca11-2013.