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U.S. v. ESPALIN

No. 02-5546.

350 F.3d 488 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Stephen ESPALIN, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 3, 2003.

Attorney(s) appearing for the Case

Timothy R. DiScenza (argued), Assistant United States Attorney, Memphis, Tennessee, for Appellee.

M. Dianne Smothers, Office of the Federal Public Defender (argued), Memphis, Tennessee, J. Patten Brown, III (briefed), Office of the Federal Public Defender, Memphis, Tennessee, for Appellant.

Before: GUY and DAUGHTREY, Circuit Judges; LAWSON, District Judge.

Pursuant to Sixth Circuit Rule 206

RAIPH B. GUY, Jr. J., delivered the opinion of the court, in which DAUGHTREY, J., joined. LAWSON, D.J. (pp. 490-96), delivered a separate concurring opinion.

OPINION

RALPH B. GUY, JR., Circuit Judge.

Defendant, Stephen Espalin, entered a guilty plea to an information charging him with threatening the President of the United States in violation of 18 U.S.C. § 871. The trial judge imposed a sentence of...

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