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MALLETT v. U.S.

Nos. 01-3518, 01-3845.

334 F.3d 491 (2003)

Donald MALLETT, Petitioner/Defendant-Appellant, v. UNITED STATES of America, Respondent/Plaintiff-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 1, 2003.

Rehearing and Suggestion for Rehearing Denied: August 25, 2003.

Attorney(s) appearing for the Case

Mark R. DeVan (argued and briefed), Steven D. Shafron (briefed), B. Jessie Hill (briefed), Berkman, Gordon, Murray & DeVan, Cleveland, OH, for Petitioner-Appellant.

Phillip J. Tripi (argued and briefed), United States Attorney, Cleveland, OH, for Respondent-Appellee.

Before: NELSON, COLE, and GILMAN, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied: August 25, 2003.

COLE, J., announced the judgment of the court and delivered an opinion, in which DAVID A. NELSON and GILMAN, JJ., concurred except as to Part III. GILMAN, J. (pp. 502-504), delivered a separate opinion, in which DAVID A. NELSON, J., concurred, which constitutes the opinion of the court on the issue addressed in Part III.

OPINION

COLE, Circuit Judge.

Defendant Donald Mallett...

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