# United States v. Ruben Magdaniel-Mora, Henny Dekom, Ibrahim Nunez, Francisco Vicente-Leon and Felix Calvo-Castillo

> Court of Appeals for the Eleventh Circuit · November 13, 1984 · 746 F.2d 715

URL: https://www.frixlaw.com/law-library/cases/9472748

## Case

- **Full name:** UNITED STATES of America, Plaintiff-Appellee, v. Ruben MAGDANIEL-MORA, Henny Dekom, Ibrahim Nunez, Francisco Vicente-Leon and Felix Calvo-Castillo, Defendants-Appellants
- **Court:** Court of Appeals for the Eleventh Circuit
- **Decided:** November 13, 1984
- **Citations:** 746 F.2d 715; 1984 U.S. App. LEXIS 16786
- **Precedential status:** Published
- **Opinion:** Concurring in part by Simpson
- **Judges:** Simpson, Roney, Vance
- **Cited by:** 40 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9472748

## How later opinions describe it (automated extraction)

- holding that defense that implicated codefendants in the crime was not antagonistic with defense of insufficient evidence
- Noting fact that comment was not used for impeachment, was offered by a witness rather than the prosecutor, and dealt with failure to speak at sometime before trial, not during trial

## Opinion text

SIMPSON, Senior Circuit Judge,
concurring in part, and dissenting in part:
I concur with the majority opinion in all respects save one: I cannot agree with Section I. Severance, and respectfully dissent from that portion of the opinion. I would reverse the convictions of appellants Calvo-Castillo, Vicente-Leon and Nunez on the ground that the trial judge abused his discretion by repeated denials of these defendants’ Motions for Severance. To my mind, U.S. v. Johnson, 478 F.2d 1129 (5th Cir.1973) mandates this result.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9472748. Public record. Not legal advice.