Legal Opinion

United States v. Francisco Buide-Gomez, United States of America v. Rosalino Garcia-Forcada

Court of Appeals for the Eleventh Circuit

Decided October 22, 1984No. 84-8101, 84-8352PublishedCited by 8 opinions

1Opinion of the Court

DANIEL HOLCOMBE THOMAS, District Judge:

These two cases were consolidated for appeal before this court. In each case the appellant is challenging the legality of the uncertainty of the criminal sentences imposed. Each appellant contends that his respective consecutive sentences violate Rule 35 of the Federal Rules of Criminal Procedure, Title VIII of the United States Code, and the Fifth and Eighth Amendments of the United States Constitution.

FACTS

Francisco Buide-Gomez arrived in the United States on May 28, 1980, as a member of the “Freedom Flotilla” from Cuba. Because he was an illegal…

2Cases cited15 opinions

  1. John Benson, Jr. v. United StatesCourt of Appeals for the Fifth Circuit · 1964
  2. Rafael Fernandez-Roque, Moises Garcia-Mir, Orlando Chao-Estrada v. William French Smith, Rafael Fernandez-Roque v. William French SmithCourt of Appeals for the Eleventh Circuit · 1984
  3. Rudolph James Anderson v. United StatesCourt of Appeals for the Tenth Circuit · 1969
  4. Bernstein v. United StatesCourt of Appeals for the Fourth Circuit · 1918
  5. Roger S. Bandy v. J. T. Willingham, Warden, United States Penitentiary, Leavenworth, Kansas and United States Attorney GeneralCourt of Appeals for the Tenth Circuit · 1968

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3Cited by8 opinions

  1. United States v. Timothy Curtis BallardCourt of Appeals for the Eleventh Circuit · 1993
  2. Lemeshko v. WronaDistrict Court, E.D. Michigan · 2004
  3. United States v. Kimmy Lee WoodardCourt of Appeals for the Eleventh Circuit · 1991
  4. Robert Salley v. United StatesCourt of Appeals for the Second Circuit · 1986
  5. United States v. Nancy MelodyCourt of Appeals for the Seventh Circuit · 1988

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