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U.S. v. ALLEN

No. 96-6313.

211 F.3d 970 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth Eugene ALLEN, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 4, 2000

Attorney(s) appearing for the Case

David P. Folmar, Jr. (argued and briefed), Assistant United States Attorney, Knoxville, Tennessee, Paul W. Laymon, Jr. (briefed), Assistant United States Attorney, Chattanooga, Tennessee, for Plaintiff-Appellee.

David Ness (argued), Deirdra J. Brown (briefed), Federal Defender Services of Eastern Tennessee, Inc., Chattanooga, Tennessee, Leah J. Prewitt (briefed), Federal Defender Services, Knoxville, Tennessee, for Defendant-Appellant.

Before: MARTIN, Chief Judge; MERRITT, RYAN, BOGGS, NORRIS, SUHRHEINRICH, SILER, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, and GILMAN, Circuit Judges.

BOGGS, J., delivered the opinion of the court, in which MERRITT, RYAN, ALAN E. NORRIS, SUHRHEINRICH, SILER, BATCHELDER, and DAUGHTREY, JJ., joined. GILMAN, J. (pp. 976-979), delivered a separate opinion concurring in the judgment, in which BOYCE F. MARTIN, Jr., C.J., joined. CLAY, J. (pp. 979-988), delivered a separate dissenting opinion, in which MOORE and COLE, JJ., joined.

OPINION

BOGGS, Circuit Judge.

Kenneth Eugene Allen pled guilty to an indictment...

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