Appeal fro the United States District Court for the Middle District of Florida. D.C. Docket No. 8:09-cr-00572-JSM-TGW-1.
For United States of America, Plaintiff - Appellee: Linda Julin McNamara, Arthur Lee Bentley III, Anita M. Cream, James C. Preston, U.S. Attorney's Office, Tampa, FL.
For Mark Anthony Myrie, Defendant - Appellant: Charles J. Ogletree Jr., Professor Charles J. Ogletree, Jr., Cambridge, MA; John H. Cushman, Max D. Stern, Stern Shapiro Weissberg & Garin LLP, Boston, MA.
Before WILSON, ROSENBAUM and BLACK, Circuit Judges.
Mark Myrie appeals an order granting in part and denying in part his motion for a new trial, taking issue with the portion of the order denying a new trial on two offenses of which he was found guilty and for which he was sentenced to a term of imprisonment. We must dismiss the appeal, however, because we are without jurisdiction to dispose of the issues on the merits.
Myrie met Alexander Johnson, a paid confidential informant for the Drug Enforcement Administration (DEA) and the Sarasota Police Department (SPD), on a trans-Atlantic flight on July 26, 2009. Johnson did not disclose that he was a confidential informant. Upon learning that Johnson was a Colombian national, Myrie began discussing his experience in the illegal drug trade and told Johnson to be careful with a mutual acquaintance from the drug trade who, according to Myrie, had become a " snitch." Myrie also discussed future plans to bring cocaine from Venezuela to Europe via Saint Martin on a sailboat. The two exchanged contact information and agreed to meet the following day. Johnson reported the conversation to the DEA, which gave Johnson
permission to record future conversations with Myrie.
Myrie and Johnson met the day after the flight. They continued to discuss dealing in illegal drugs, with Myrie asking Johnson for names of suppliers. Myrie also explained that he limited his dealings to financing drug transactions. The two met again on August 1 and discussed transacting in drugs further. They also kept in touch by telephone and met again on December 8. Myrie brought Ian Thomas to that meeting and told Johnson that Thomas knew prospective buyers for Johnson's cocaine. Johnson proposed a drug transaction. The group then drove to a warehouse where undercover SPD detectives were waiting with a large amount of cocaine. Myrie taste-tested some of the cocaine. Johnson and Thomas discussed specifics for multiple sales of thirty kilograms of cocaine with Myrie present. Thomas told Johnson that Myrie would no longer come to the meetings.
Johnson and Thomas met the next day, and Thomas brought another associate, James Jackson Mack, with him. Myrie was not present. Thomas told Johnson that Mack worked for the buyers. Johnson, Thomas, and Mack met again the following day. They drove to the warehouse, where undercover SPD detectives were waiting. More officers arrived and arrested Thomas and ...