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U.S. v. DUSENBERY

Nos. 98-4014, 98-4036.

201 F.3d 763 (2000)

UNITED STATES of America, Plaintiff-Appellee/Cross-Appellant, v. Larry Dean DUSENBERY, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 13, 2000.

Rehearing and Rehearing Denied March 2, 2000.

Attorney(s) appearing for the Case

James L. Morford (argued and briefed), Office of the U.S. Attorney, Cleveland, Ohio, for Appellee.

Paul Mancino, Jr. (argued and briefed), Mancino, Mancino & Mancino, Cleveland, Ohio, Larry Dean Dusenbery (briefed), Terre Haute, Indiana, pro se., for Appellant.

Before: SUHRHEINRICH, COLE, and GIBSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 2, 2000.*

SUHRHEINRICH, J., delivered the opinion of the court, in which GIBSON, J., joined. COLE, J. (p. 769), delivered a separate dissenting opinion.

OPINION

SUHRHEINRICH, Circuit Judge.

Defendant-Appellant Larry Dean Dusenbery appeals the district court's judgment denying his motion under Fed. R.Crim.P. 41(e) for...

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