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U.S. v. KOCH

No. 02-6278.

383 F.3d 436 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Robert KOCH, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed August 26, 2004.

Attorney(s) appearing for the Case

Charles P. Wisdom, Jr. (briefed), Asst. U.S. Atty., Joseph L. Famularo, U.S. Atty's Office, Lexington, KY, Laura K. Voorhees (briefed), Asst. U.S. Atty., U.S. Atty's Office, Covington, KY, Steven L. Lane (argued and briefed), U.S. Dept. of Justice Criminal Div., Washington, DC, for Plaintiff-Appellee.

Jarrod M. Mohler, Robbins, Kelly, Paterson & Tucker, Cincinnati, OH, H. Louis Sirkin (argued and briefed), Jennifer M. Kinsley (briefed), Sirkin, Pinales, Mezibov & Schwartz, Cincinnati, OH, for Defendant-Appellant.

Before BOGGS, Chief Judge; MARTIN, GUY, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, GILMAN, GIBBONS, ROGERS, SUTTON, and COOK, Circuit Judges.

SUTTON, J., delivered the opinion of the court, in which BOGGS, C.J., GUY, BATCHELDER, GILMAN, GIBBONS, ROGERS, and COOK, JJ., joined. MARTIN, J. (pp. 443-49), delivered a separate dissenting opinion, in which DAUGHTREY, MOORE, COLE, and CLAY, JJ., joined.

OPINION

SUTTON, Circuit Judge.

This court granted en banc review of United States v. Koch, 373 F.3d 775 (6th Cir.2004), to consider whether...

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