U.S. v. GATEWOOD

No. 98-5138.

230 F.3d 186 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Johnny E. GATEWOOD, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 10, 2000.


Attorney(s) appearing for the Case

Tony R. Arvin (briefed), Assistant United States Attorney, Memphis, Tennessee, Joseph C. Wyderko (argued and briefed), Department of Justice, Criminal Division, Appellate Section, Washington, DC, for Appellee.

K. Jayaraman (argued and briefed), Memphis, Tennessee, for Appellant.

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


Pursuant to Sixth Circuit Rule 206

BOYCE F. MARTIN, JR., C.J., delivered the opinion of the court, in which RYAN, BOGGS, ALAN E. NORRIS, SUHRHEINRICH, SILER, BATCHELDER, DAUGHTREY, MOORE, and GILMAN, JJ., joined. MERRITT, J. (pp. 193-95), delivered a separate dissenting opinion, in which KEITH, COLE, and CLAY, JJ., joined.

OPINION

BOYCE F. MARTIN, JR., Chief Judge.

On March 6, 1997, a jury...

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