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UNITED STATES v. BUIDE-GOMEZ

Nos. 84-8101, 84-8352.

744 F.2d 781 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Francisco BUIDE-GOMEZ, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Rosalino GARCIA-FORCADA, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied December 17, 1984.

Attorney(s) appearing for the Case

Michael K. McIntyre, Atlanta, Ga., for defendant-appellant in both cases.

Charles E. Brown, Asst. U.S. Atty., Atlanta, Ga., for plaintiff-appellee in No. 84-8101.

Julie E. Carnes, Asst. U.S. Atty., Atlanta, Ga., for plaintiff-appellee in both cases.

John O. Ellis, Jr., Federal Public Defenders, Atlanta, Ga., for defendant-appellant in No. 84-8352.

Before GODBOLD, Chief Judge, CLARK, Circuit Judge, and THOMAS, District Judge.

Rehearing and Rehearing En Banc Denied December 17, 1984.

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...

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