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SOTTO v. WAINWRIGHT

No. 79-1003.

601 F.2d 184 (1979)

Anibal SOTTO, Petitioner-Appellee, v. Louie L. WAINWRIGHT, Secretary, Department of Corrections, Respondent-Appellant. Joaquin A. AMOR, Petitioner-Appellee, v. Louie L. WAINWRIGHT, Secretary, Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied September 28, 1979.

Attorney(s) appearing for the Case

Steven R. Jacob, Asst. Atty. Gen., Miami, Fla., for respondent-appellant.

Geoffrey C. Fleck, Miami, Fla., for petitioner-appellee.

Before WISDOM, AINSWORTH and RONEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 28, 1979.

AINSWORTH, Circuit Judge:

In this habeas corpus action, we must decide the constitutionality as applied of Florida's Rule of Criminal Procedure 3.800(b), which governs the reduction of sentences by the state's trial courts. The district court, adopting the report of a United States magistrate, held that strict application of the rule had denied petitioners "fundamental due process" and accordingly...

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