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U.S. v. OSTRANDER

No. 04-1157, 04-1380.

411 F.3d 684 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Michael OSTRANDER (04-1157); Robert Ostrander (04-1380), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 10, 2005.

Attorney(s) appearing for the Case

ARGUED: Lawrence J. Phelan, Haehnal & Phelan, Grand Rapids, Michigan, Jeffrey J. O'Hara, Grand Rapids, Michigan, Christopher P. Yates, Willey, Chamberlain & Yates, Grand Rapids, Michigan, for Appellants. Timothy P. VerHey, United States Attorney, Grand Rapids, Michigan, for Appellee. ON BRIEF: Lawrence J. Phelan, Haehnal & Phelan, Grand Rapids, Michigan, Jeffrey J. O'Hara, Grand Rapids, Michigan, Christopher P. Yates, Willey, Chamberlain & Yates, Grand Rapids, Michigan, for Appellants. Timothy P. VerHey, United States Attorney, Grand Rapids, Michigan, for Appellee.

Before: BOGGS, Chief Judge; and KENNEDY and MARTIN, Circuit Judges.

OPINION

BOGGS, Chief Judge.

In need of money to jump-start his faltering drug business, Robert Ostrander decided to murder one of his customers, Hansle Andrews, and he recruited his brother, Michael, to assist him. Robert lured Andrews into the woods with the promise of an incredible deal and there, with Michael's help, shot and killed him. In separate trials, juries found both brothers guilty of (1) conspiracy...

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