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U.S. v. HAYES

No. 97-1522.

171 F.3d 389 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Otis HAYES, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided March 23, 1999.

Attorney(s) appearing for the Case

Patricia G. Blake (argued and briefed), Office of the U.S. Attorney, Detroit, MI, for Plaintiff-Appellee.

John R. Minock (argued and briefed), Cramer, Minock & Gallagher, Ann Arbor, MI, for Defendant-Appellant.

Before: BATCHELDER and MOORE, Circuit Judges; OLIVER, District Judge.

MOORE, J., delivered the opinion of the court, in which OLIVER, D. J., joined. BATCHELDER, J. (pp. 395-98), delivered a separate dissenting opinion.

MOORE, Circuit Judge.

Otis Hayes appeals his sentence for bank robbery, claiming that the district court improperly relied on ex parte communications from victims of the crime. Because the court's failure to disclose this evidence was plain error and was prejudicial

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