GOODEN v. U.S.

No. 09-10499.

627 F.3d 846 (2010)

Bernard GOODEN, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 8, 2010.


Attorney(s) appearing for the Case

Tiana S. Mykkeltvedt (Court-Appointed), Bondurant, Mixson & Elmore, LLP, Atlanta, GA, for Petitioner-Appellant.

William H. Thomas, Jr. , Lawrence R. Sommerfeld , C. Brock Brockington , Atlanta, GA, for Respondent-Appellee.

Before BARKETT, MARTIN and HILL, Circuit Judges.


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 Gooden'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...

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