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U.S. v. BASS

No. 01-1213.

266 F.3d 532 (2001)

UNITED STATES of America, Plaintiff-Appellant, v. John BASS, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 25, 2001.

Attorney(s) appearing for the Case

Kathleen Moro Nesi (argued and briefed), Assistant United States Attorney, Detroit, Michigan, for Plaintiff-Appellant.

William B. Daniel (briefed), Detroit, Michigan, Andrea D. Lyon (briefed), DePaul University College of Law, Chicago, Illinois, Samuel R. Gross (argued and briefed), Columbia University School of Law, New York, New York, for Defendant-Appellee.

Miriam S. Gohara (briefed), Deborah Fins (briefed), NAACP Legal Defense & Educational Fund, New York, New York, for Amicus Curiae.

Before: MARTIN, Chief Judge; NELSON, Circuit Judge; RICE, Chief District Judge.

Pursuant to Sixth Circuit Rule 206.

BOYCE F. MARTIN, JR., Chief Judge, delivered the opinion of the court, in which RICE, District Judge, joined. NELSON, J. (pp. 541-42), delivered a separate opinion concurring in part and dissenting in part.

OPINION

BOYCE F. MARTIN, Jr., Chief Judge.

On December 8, 1998, a federal grand jury returned a second superseding indictment charging defendant John Bass with the intentional firearm killing of two...

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