Legal Opinion

Gooden v. United States

Court of Appeals for the Eleventh Circuit

Decided December 8, 2010No. 09-10499PublishedCited by 18 opinions

1Opinion of the Court

BARKETT, Circuit Judge:

A jury convicted Bernard Gooden of federal drug-trafficking crimes in 1993, and we affirmed his conviction on direct appeal in 1996. In 2006, the district court, upon motion by the government, reduced Goo-den’s sentence based on his substantial assistance, pursuant to Fed.R.Crim.P. 35(b). 1

In February 2008, Gooden filed a pro se “motion to modify” his sentence, asserting that he was not subject to a period of supervised release. Without notifying or warning Gooden, the district court re-characterized his pro se “motion to modify” as a motion for sentencing relief…

2Cases cited6 opinions

  1. Castro v. United StatesSupreme Court of the United States · 2003
  2. Eric Adams v. United StatesCourt of Appeals for the Second Circuit · 1998
  3. United States v. Edison JordanCourt of Appeals for the Eleventh Circuit · 1990
  4. Ralph McIver v. United StatesCourt of Appeals for the Eleventh Circuit · 2002
  5. United States v. Shahborn EmmanuelCourt of Appeals for the Fourth Circuit · 2002

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3Cited by18 opinions

  1. Figuereo-Sanchez v. United StatesCourt of Appeals for the Eleventh Circuit · 2012
  2. Wilfredo A. Zalaya v. Secretary, Florida department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2015
  3. Alverson v. Munchin (MAG+)District Court, M.D. Alabama · 2021
  4. Branch v. Tampa PoliceDistrict Court, M.D. Florida · 2022
  5. Charlene Terry-Ann Walker Rosa v. Howard FinkelsteinCourt of Appeals for the Eleventh Circuit · 2020

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