USA v. Rickey Thompson

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
FEBRUARY 3, 2010
JOHN LEY
ACTING CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 08-16731
________________________
D. C. Docket No. 07-80036-CR-DTKH
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RICKEY THOMPSON,
a.k.a. Sea Dog,
a.k.a. Trick Daddy,
a.k.a. Tricks,
a.k.a. Daddy,
a.k.a. Renewal,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Southern District of Florida
_________________________
(February 3, 2010)

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Before TJOFLAT and COX, Circuit Judges, and KORMAN, District Judge.*
PER CURIAM:
Appellant seeks reversal of multiple convictions stemming from separate
episodes of alien smuggling, in violation of provisions of 8 U.S.C. § 1324, and
related offenses. Appellant challenges the sufficiency of the evidence used to
convict him on several counts, the district court’s use of the Allen charge after the
jury was initially deadlocked, and the district court’s admission of Appellant’s1
prior criminal conduct—a 2000 conviction for drug trafficking—pursuant to
Federal Rule of Evidence 404(b). Lastly, Appellant argues that the district court
committed plain error in sentencing him to five concurrent terms of life
imprisonment.
After oral argument, we find no merit in Appellant’s arguments and
therefore affirm his convictions and sentence.
AFFIRMED.
The Honorable Edward R. Korman, United States District Judge for the Eastern District of*
New York, sitting by designation.
See Allen v. United States, 164 U.S. 492, 501–02, 17 S. Ct. 154, 157 (1896). In Appellant’s1
case, the district judge gave the Allen charge to the jury when it returned with a partial verdict
after six hours of deliberation. When asked whether there was any objection to giving a modified
Allen charge at that point, Appellant’s counsel replied that there was none. Appellant’s instant
challenge to the Allen charge is foreclosed by the doctrine of invited error. See United States v.
Brannan, 562 F.3d 1300, 1306 (11th Cir. 2009).
2

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