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U.S. v. WESLEY

No. 04-1626.

417 F.3d 612 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Donyal WESLEY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 8, 2005.

Attorney(s) appearing for the Case

ARGUED: Jonathan Epstein, Federal Public Defenders Office, Detroit, Michigan, for Appellant. Daniel R. Hurley, Assistant United States Attorney, Detroit, Michigan, for Appellee. ON BRIEF: Jonathan Epstein, Natasha D. Thompson, Federal Public Defenders Office, Detroit, Michigan, for Appellant. Saima S. Mohsin, Assistant United States Attorney, Detroit, Michigan, for Appellee.

Before: GUY, BATCHELDER, and GIBSON, Circuit Judges.

GUY, J., delivered the opinion of the court, in which GIBSON, J., joined.

BATCHELDER, J. (p. 622-623), delivered a separate dissenting opinion.

AMENDED OPINION

RALPH B. GUY, Circuit Judge.

Defendant Donyal Wesley appeals his conviction and sentence on one count of attempted bank robbery in violation of 18 U.S.C. § 2113(a). Defendant argues that the evidence was factually and legally insufficient to support the conviction and that errors...

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