United States v. Gamory

635 F.3d 480 (2011)

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United States v. Gamory

United States Court of Appeals for the Eleventh Circuit
635 F.3d 480 (2011)

SC

Facts

Edgar Gamory (defendant) was charged with money laundering and conspiracy to possess cocaine and marijuana with intent to distribute. Gamory owned a music-recording studio called Hush Money Entertainment (HME). At trial, the prosecution (plaintiff) introduced, over Gamory’s objection, a music video produced by HME. Gamory was not in the video and did not write the song’s lyrics. The song, however, contained lyrics about drugs and drug money, including the repeated phrase, “drug money is Hush Money.” The prosecution argued that the song was connected to Gamory as it referenced hush money, an off-white crib, and a Range Rover. Gamory’s studio was called Hush Money Entertainment and was located in an off-white building, and Gamory drove a Range Rover. The song also contained references to violence, profanity, sex, and misogyny. Gamory was convicted, and he appealed, arguing that the music video should have been excluded from evidence under Federal Rule of Evidence 403 (Rule 403).

Rule of Law

Issue

Holding and Reasoning (Martin, J.)

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