U.S. v. MARSHALL

No. 99-4053.

248 F.3d 525 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Christopher MARSHALL, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 25, 2001.


Attorney(s) appearing for the Case

ARGUED: Margaret S. O'Donnell, McNALLY & O'DONNELL, Frankfort, Kentucky, for Appellant.

Gary D. Arbeznik, ASSISTANT UNITED STATES ATTORNEY, for Appellee. (argued and briefed), Asst. U.S. Atty., Cleveland, OH, Thomas M. Bauer, Asst. U.S. Atty., Akron, OH, for Plaintiff-Appellee.

ON BRIEF: Margaret S. O'Donnell (argued and briefed), McNally & O'Donnell, Frankfort, Kentucky, for Defendant-Appellant.

Before DAUGHTREY and GILMAN, Circuit Judges; COLLIER, District Judge.


GILMAN, J., delivered the opinion of the court, in which DAUGHTREY, J., joined. COLLIER, D.J. (pp. 27-41), delivered a separate opinion concurring in part and dissenting in part.

Pursuant to Sixth Circuit Rule 206

OPINION

GILMAN, Circuit Judge.

This case involves the theft of $60,000 from a bank's automated teller machine (ATM) by Christopher Marshall, a Pinkerton Security Company courier. Marshall was convicted on two counts of bank larceny...

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