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U.S. v. GABRION

Nos. 02-1386, 02-1461, 02-1570.

719 F.3d 511 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Marvin Charles GABRION, II, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 28, 2013.

Attorney(s) appearing for the Case

ARGUED: Barry J. Fisher , Office of the Federal Public Defender, Albany, New York, for Appellant. Timothy P. VerHey , United States Attorney's Office, Grand Rapids, Michigan, for Appellee. ON BRIEF: Kevin McNally , Margaret O'Donnell , McNally & O'Donnell, Frankfort, Kentucky, Judy Clarke , Clarke & Rice, San Diego, California, for Appellant. Joseph C. Wyderko , United States Department of Justice, Washington, D.C., Donald A. Davis , Jennifer L. McManus , Timothy P. VerHey , United States Attorney's Office, Grand Rapids, Michigan, for Appellee.

KETHLEDGE, J., delivered the opinion of the court, in which BATCHELDER, C.J., and BOGGS, GIBBONS, ROGERS, SUTTON, COOK, McKEAGUE, GRIFFIN, and DONALD, JJ., joined. CLAY, J. (pp. 535-37), delivered a separate opinion concurring in the judgment only, in which COLE, J., joined. MOORE, J. (pp. 537-55), delivered a separate dissenting opinion, in which MARTIN, WHITE, and STRANCH, JJ., joined.

OPINION

KETHLEDGE, Circuit Judge.

Marvin Gabrion was scheduled to be tried in Michigan state court for a rape charge on June 5, 1997. But that trial never happened. Two days before the trial was set to begin, Gabrion abducted Rachel Timmerman — the 19-year-old woman he allegedly raped — and took her to a remote location in the Manistee National Forest, bound and gagged her and weighed her down with concrete blocks, put her in an old metal boat...

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