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U.S. v. McCLAIN

No. 04-5887.

430 F.3d 299 (2005)

UNITED STATES of America, Plaintiff-Appellant, v. Kevin McCLAIN; George Brandt, III; Jason Davis, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 2, 2005.

Attorney(s) appearing for the Case

ARGUED: Thomas M. Gannon, United States Department of Justice, Washington, D.C., for Appellant. Richard L. Gaines, Eldridge & Gaines, Knoxville, Tennessee, Peter J. Strianse, Tune, Entrekin & White, Nashville, Tennessee, for Appellees. ON BRIEF: Thomas M. Gannon, United States Department of Justice, Washington, D.C., for Appellant. Richard L. Gaines, Eldridge & Gaines, Knoxville, Tennessee, Peter J. Strianse, Tune, Entrekin & White, Nashville, Tennessee, R. Price Nimmo, Nimmo, Hoehn & Nimmo, Nashville, Tennessee, for Appellees.

Before: BOGGS, Chief Judge; BATCHELDER and GIBBONS, Circuit Judges.

BATCHELDER, J., delivered the opinion of the court, in which GIBBONS, J., joined.

BOGGS, C.J. (pp. 309-311), delivered a separate opinion concurring in the judgment.

OPINION

ALICE M. BATCHELDER, Circuit Judge.

On July 25, 2002, a federal grand jury returned an indictment charging Defendants-Appellees Kevin McClain, George Brandt III, and Jason Davis with conspiracy and substantive marijuana trafficking in violation of 21 U.S.C. §§...

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