United States v. John David Floyd

BACKGROUND PER CURIAM.

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 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, 405 U.S. 150 , 92 S.Ct. 763 , 31 L.Ed.2d 104 (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.