FOSTER

v.

UNITED STATES

Citator

Cited By

• United States v. Bailey, 123 F.3d 1381 (11th Cir. 1997)
  …Clarifying amendments are amendments to the commentary of the sentencing guidelines, and are considered by this court in interpreting the guidelines, even when the defendant was sentenced before the effective date of the amendments.”), cert. denied, 514 U.S. 1090, 115 S.Ct 1810, 131 L.Ed.2d 735 (1995). . The Guidelines grouping rules for closely related counts provide as follows: All counts involving substantially the same harm shall be grouped together into a single Group. Counts involve substantially the s…
• United States v. Eules Mayes, 158 F.3d 1215 (11th Cir. 1998)
  …9, 355 (11th Cir.1994) (“Generally, we do not consider claims of ineffective assistance of counsel on direct appeal, because there usually has been insufficient opportunity to develop the record regarding the merits of these claims.”), cert. denied, 514 U.S. 1090, 115 S.Ct. 1810, 131 L.Ed.2d 735 (1995). .All of the appellants raise the double jeopardy issue on appeal except Baker, Moore and Nurur-din. . The Court, however, vacated the judgment and remanded for further proceedings "to permit the Government to…
• Gallego v. United States, 174 F.3d 1196 (11th Cir. 1999)
  …he report to indicate the magistrate weighed defendant’s credibility. Compare United States v. Camacho, 40 F. 3d 349 (11th Cir.1994)(court made specific findings of fact after an evidentiary hearing regarding defendant’s credibility), cert. denied, 514 U.S. 1090, 115 S.Ct. 1810, 131 L.Ed.2d 735(1995). The fact that defendant’s testimony is uncorroborated is not enough standing alone to support a credibility finding. Counsel’s testimony was also unsubstantiated by other evidence. While we appreciate the c…