SMITH

v.

UNITED STATES

Citator

Cited By (32 total)

• United States v. Rigoberto Moya-Gomez, 860 F.2d 706 (7th Cir. 1988)
  …endant could be punished for the lesser offenses. United States v. Aiello, 771 F. 2d 621, 632 (2d Cir.1985) (quoting United States v. Osorio Estrada, 751 F. 2d 128, 135 (2d Cir.1984), modified on other grounds, 757 F. 2d 27 (2d Cir.), cert. denied, 474 U.S. 830, 106 S.Ct. 97, 88 L.Ed.2d 79 (1985)). . In this case, the district court did not impose a concurrent sentence for the conspiracy count. Rather, it imposed a suspended sentence. However, the court was aware that he could not impose separate punishme…
• United States v. Benevento, 836 F.2d 60 (2d Cir. 1987)
  …se violation, and it is clear that “a conviction on a lesser included offense may not stand as a separate conviction.” United States v. Osorio Estrada, 751 F. 2d 128, 134 (2d Cir.1984), modified on reh’g on other grounds, 757 F. 2d 27, cert. denied, 474 U.S. 830, 106 S.Ct. 97, 88 L.Ed.2d 79 (1985). When an individual is sentenced on both a lesser and greater offense, the conviction on the lesser charge is “combined” with the conviction on the greater offense, although it is not “merged out of existence.” I…
• McCULLOUGH v. Singletary, 967 F.2d 530 (11th Cir. 1992)
  …y presented grounds one and two to the district court; the cruel and unusual punishment argument was not presented. Normally, we will refuse to address issues not raised below. Spann v. Wainwright, 742 F. 2d 606, 607 (11th Cir.1984), cert, denied, 474 U.S. 830, 106 S.Ct. 95, 88 L.Ed.2d 77 (1985). However, because of the serious consequences of this case, we choose to address all of McCullough’s arguments. See Olson v. Superior Pontiac-GMC, Inc., 776 F. 2d 265, 267 (11th Cir.1985) (in determining an issu…