No. 97-5085.

140 F.3d 630 (1998)

UNITED STATES of America, Plaintiff-Appellant, v. Alton Ray MILLS and Stephen D. Toarmina, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided March 31, 1998.

Attorney(s) appearing for the Case

David C. Frederick (argued and briefed), U.S. Department of Justice, Washington, DC, Dan L. Newsom (briefed), Office of the U.S. Attorney, Memphis, Tennessee, for Appellant.

James D. Wilson (argued and briefed), Harris, Shelton, Dunlap & Cobb, Memphis, TN, A.C. Wharton, Jr. (briefed), Wharton, Wharton & Associates, Memphis, TN, James D. Causey (briefed), Causey, Caywood, Taylor, McManus & Bailey, Memphis, TN, for Appellees.

Before: KEITH, SUHRHEINRICH, and DAUGHTREY, Circuit Judges.


DAUGHTREY, Circuit Judge.

The defendants, Alton Ray Mills and Stephen Toarmina, were charged in a multicount indictment with conspiracy, money laundering, extortion, and bribery in connection with the sale of deputy sheriffs' jobs in the Shelby County, Tennessee, Sheriff's Department. Prior to trial, the district court dismissed the bribery counts, ruling that the conduct charged by the government did not constitute a violation of 18 U.S.C. §...

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