## Facts

- A federal investigation in Atlanta began after a traffic stop involving co-defendant Victor Olvera yielded over $800,000 in cash; agents later found drug ledgers and other trafficking indicators.
- Investigators linked a participant known as “JB” to Edgar Jamal Gamory through a cooperating confidential informant and identified a supplier, Enrique Juangorena.
- Trial evidence described a multi-state cocaine and marijuana distribution operation in which Juangorena supplied Gamory beginning in late 2004 or early 2005.
- Witnesses described collecting $750,000–$800,000 in drug proceeds from Gamory at his residence.
- Gamory owned a music-recording studio, Hush Money Entertainment (HME), and had interests in other businesses; evidence showed many assets (residence, vehicles, restaurants) were titled in aliases or nominees, often family members.
- The government presented evidence that large amounts of drug proceeds were moved through businesses and cash transactions, supporting money-laundering charges.
- Over objection, the district court admitted a rap music video produced by HME; Gamory did not appear in it and did not write the lyrics, which included explicit content and the refrain “drug money is Hush Money.”
- A jury convicted Gamory of drug conspiracy and money laundering, and the district court imposed a life sentence after the government filed a statutory sentencing enhancement notice.

## Issues

1. Whether the district court erred in denying an evidentiary hearing and suppression relief based on alleged false or misleading statements in a search-warrant affidavit.
2. Whether admitting the rap video violated Federal Rule of Evidence 403 because unfair prejudice substantially outweighed any probative value.
3. Whether the evidence was sufficient to support the money-laundering convictions under 18 U.S.C. § 1957.
4. Whether alleged trial and sentencing errors required reversal or resentencing.

## Decision

- The Eleventh Circuit affirmed Gamory’s convictions and life sentence.
- The court held the denial of a Franks-type evidentiary hearing and suppression was not reversible error because probable cause existed even after removing the challenged affidavit statement.
- The court held admission of the rap video was error under Rule 403, but the error was harmless in light of overwhelming evidence of guilt.
- The court held the evidence was sufficient to sustain the money-laundering convictions when viewed in the light most favorable to the government.

## Legal Principles

- A defendant is not entitled to suppression or a Franks hearing where, after excising the allegedly false or misleading statement, the remaining warrant affidavit still establishes probable cause.
- Under Federal Rule of Evidence 403, evidence must be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, including the risk the jury will convict on an improper basis rather than proof of charged conduct.
- Erroneous admission of evidence does not require reversal if the error is harmless—i.e., there is no reasonable probability that exclusion would have changed the verdict given the full trial record.
- On sufficiency review, a conviction is upheld if any rational trier of fact could find the essential elements beyond a reasonable doubt when evidence is viewed in the government’s favor.

## Conclusion

The Eleventh Circuit upheld Gamory’s drug-conspiracy and money-laundering convictions and life sentence, ruling that probable cause supported the search warrant even under a corrected-affidavit analysis, that the rap video should have been excluded under Rule 403 but did not affect the outcome, and that the evidence was sufficient to sustain the money-laundering verdicts.


United States v. Gamory, 635 F.3d 480 (11th Cir. 2011)