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U.S. v. McGEE

No. 97-6349.

173 F.3d 952 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Hoyt Lee McGEE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided April 1, 1999.

Attorney(s) appearing for the Case

Stephen B. Shankman (argued and briefed), Regina C. Stephenson (briefed), Office of the Federal Public Defender for the Western District of Tennessee, Memphis, Tennessee, for Defendant-Appellant. Lisa J. Stark (argued and briefed), U.S. Department of Justice, Civil Rights Division, Washington, D.C., for Plaintiff-Appellee.

Before: SILER, BATCHELDER and COLE, Circuit Judges.

OPINION

COLE, Circuit Judge.

Defendant-Appellant Hoyt Lee McGee challenges his jury conviction for interference with the federally protected rights of Calvin Davis, in violation of 18 U.S.C. § 245. Specifically, McGee argues that the district court erred by: (1) failing to dismiss the indictment because the certification necessary for prosecution was signed by an acting Associate Attorney General; (2) denying his motion for judgment

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