Citing references

Deason, 965 F.3d 1252 , 1267–68 & n.3 (11th Cir. 2020) (stating that charging duplicitous counts is not a structural error).

Deason, 965 F.3d 1252, 1259 (11th Cir. 2020) (quoting United States v. Brown, 441 F.3d 1330, 1347 (11th Cir. 2006)).

Deason, 965 F.3d 1252, 1265 (11th Cir. 2020).

Deason, 965 F.3d 1252, 1268 (11th Cir. 2020). Although convictions for felony murder and the robbery of a single victim might violate double jeopardy, the indictment against Pinkins names both Simjee and Paulus as victims of the rob- bery.

Deason, 965 F.3d 1252, 1267 (11th Cir. 2020). A count in an indictment is duplicitous if it charges two or more separate and distinct offenses. United States v. Schlei, 122 F.3d 944, 977 (11th Cir. 1997).

Deason, 965 F.3d 1252, 1256 (11th Cir. 2020).

Deason, 965 F.3d 1252, 1262 (11th Cir. 2020) (citation omitted). “A guilty verdict ‘cannot be overturned if any reasonable construction of the evidence would have allowed the jury to find the defendant guilty beyond a reasonable doubt.’” Id.

Deason, 965 F.3d 1252, 1265 (11th Cir. 2020). [Doc. 109 at 8-20 (Gov’t Opening Statements); doc. 113 at 133 (Gov’t Closing Statement).]

Deason, 965 F.3d 1252, 1262 (11th Cir. 2020)). USCA11 Case: 21-11879 Date Filed: 09/13/2022 Page: 5 of 48 21-11879 Opinion of the Court 5 processor—in this case, the American Pharmacy Cooperative, Inc.

Deason, 965 F.3d 1252, 1261 (11th Cir. 2020) (quoting United States v. Brown, 441 F.3d 1330, 1347 (11th Cir. 2006)). Mr. Nelson acknowledges that Agent Smith told him that he was not under arrest. (Doc. 35, pp. 15, 62).

Deason, 965 F.3d 1252, 1265 (11th Cir. 2020).

Deason, 965 F.3d 1252, 1265 (11th Cir. 2020). In United States v. Candelario, 240 F.3d 1300 (11th Cir. 2001), the defendant was convicted of conspiring to traffic, and possessing with intent to distribute, crack cocaine. Id. at 1303 .

Deason, 965 F.3d 1252, 1262 (11th Cir. 2020) (quotation marks omitted). The defense of entrapment has two elements: “(1) government inducement of the crime; and (2) lack of predisposition on the part of the defendant.” United States v.

Deason, 965 F.3d 1252, 1262 (11th Cir. 2020) (explaining that the “taken as a whole” requirement “ensures . . . that the matter is placed in context so that the jury can properly determine whether the work as a whole appeals to the prurient interest”)

Deason, 965 F.3d 1252, 1265 (11th Cir. 2020).

Deason, 965 F.3d 1252, 1267 (11th Cir. 2020).

Deason, 965 F.3d 1252, 1269 (11th Cir. 2020) (unpreserved error for failure to give an unanimity instruction to cure duplicitous indictment subject to plain error analysis).

Deason, 965 F.3d 1252, 1265 (11th Cir. 2020). This is further buttressed by our conclusion, below, that Jones’s sentence is substantively rea- sonable.

Deason, 965 F.3d 1252, 1262 (11th Cir. 2020). And unless no reasonable construction of the evidence supports the jury’s guilty verdict beyond a reasonable doubt, we must affirm a conviction. United States v.