United States v. Aldolfo Gomez-Geraldo A/K/A Adolfo Ramirez A/K/A Adolfo Gomez

U.S. Court of Appeals for the Fifth Circuit
United States v. Aldolfo Gomez-Geraldo A/K/A Adolfo Ramirez A/K/A Adolfo Gomez, 652 F.2d 452 (5th Cir. 1981)
1981 U.S. App. LEXIS 10840

United States v. Aldolfo Gomez-Geraldo A/K/A Adolfo Ramirez A/K/A Adolfo Gomez

Opinion

PER CURIAM:

Contrary to defendant’s argument, a ten-year sentence on a single count charging conspiracy to import both cocaine and marijuana is not a general sentence in violation of Benson v. United States, 332 F.2d 288 (5th Cir. 1964). Nor is it an illegal sentence because it exceeds the five-year sentence permitted by 21 U.S.C.A. § 960(b)(2) when only marijuana is involved. The jury by special verdict found that both cocaine and marijuana were the objects of the conspiracy. Fifteen years is the maximum sentence for a cocaine offense. 21 U.S.C.A. § 960(b)(1). The same is true for defendant’s ten-year sentence on a single count charging importation of both cocaine and marijuana. The district court’s denial of a Rule 35, Fed.R.Crim.P., motion is affirmed.

The special parole term of three years added to the ten-year sentence for conspiracy conviction was imposed improperly under Bifulco v. United States, 447 U.S. 381, 100 S.Ct. 2247, 65 L.Ed.2d 205 (1980), and is hereby vacated. United States v. Ayala, 643 F.2d 244, 248 (5th Cir. 1981).

AFFIRMED IN PART; VACATED IN PART.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Aldolfo GOMEZ-GERALDO A/K/A Adolfo Ramirez A/K/A Adolfo Gomez, Defendant-Appellant
Cited By
3 cases
Status
Published