Case Explained: Non-Argument Calendar UNITED STATES OF AMERICA v. ALBERT COLE

Court: United States Court of Appeals for the Eleventh Circuit Filed: 2026-07-01 Docket: 1:25-cr-20205-JB-1 The eleventh-circuit affirmed Albert Cole’s conviction for distribution of controlled substances, rejecting his challenges to the district court’s evidentiary rulings regarding the non-disclosure of a confidential informant’s identity and the admission of recorded conversations and expert testimony. The court applied the three-factor test from *Roviaro v. United States* and *United States v. Flores*, reviewing the denial of Cole’s motion to disclose the informant for abuse of discretion. It held that disclosure was not required because, although the informant participated in the transactions, a government agent was present to testify to all events; Cole failed to meet his burden of showing that the informant’s testimony would significantly aid an asserted defense beyond mere conjecture; and the government demonstrated a legitimate interest in protecting ongoing undercover investigations. Regarding the Confrontation Clause challenges, the court ruled that the recorded statements by the informant were not hearsay because they were introduced solely to provide context for Cole’s responses rather than to prove the truth of the matter asserted, and that Officer Dominguez’s testimony explaining drug code words did not violate the clause since he was available for cross-examination. Furthermore, the court found no abuse of discretion in admitting Dominguez’s testimony as lay opinion under Federal Rule of Evidence 701 regarding street terminology. As a result of this affirmation, Cole’s conviction and his 150-month prison sentence remain in effect. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.