U.S. v. RAYBORN

No. 01-5632.

312 F.3d 229 (2002)

UNITED STATES of America, Plaintiff-Appellant, v. Gerald RAYBORN, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 6, 2002.


Attorney(s) appearing for the Case

Kevin P. Whitmore, Asst. U.S. Atty., U.S Attorney's Office, Memphis, TN, Linda F. Thome (argued and briefed), United States Department of Justice, Washington, DC, for Plaintiff-Appellant.

A.C. Wharton, Jr. (argued and briefed), Wharton & Wharton & Associates, Memphis, TN, James R. Garts, Jr. (briefed), James D. Wilson (briefed), Harris, Shelton, Dunlap, Cobb & Ryder, Memphis, TN, for Defendant-Appellee.

Before MERRITT and GILMAN, Circuit Judges; TARNOW, District Judge.


MERRITT, J., delivered the opinion of the court, in which TARNOW, D.J., joined. GILMAN, J. (p. 236), delivered a separate concurring opinion.

OPINION

MERRITT, Circuit Judge.

In this case, the United States appeals the order dismissing Defendant Gerald Rayborn's indictment for arson under 18 U.S.C. § 844(i). The district court found that it lacked subject matter jurisdiction over the matter because it concluded that, as applied to the circumstances...

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