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U.S. v. HADLEY

No. 03-5838.

431 F.3d 484 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Jerome HADLEY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 6, 2005.

Attorney(s) appearing for the Case

ON BRIEF: Frederick Lee Ortwein, Ortwein & Ortwein, Chattanooga, Tennessee, for Appellant. Tammy Owens Combs, Steven S. Neff, Assistant United States Attorney, Chattanooga, Tennessee, for Appellee.

Before: SUTTON and COOK, Circuit Judges; ROSEN, District Judge.

ROSEN, D.J., delivered the opinion of the court.

SUTTON, J. (pp. 515-16), delivered a separate opinion concurring in all but parts III.A.1, III.A.3.a and III.A.3.b of Judge Rosen's opinion.

COOK, J., joined in the concurrence.

OPINION

ROSEN, District Judge.

I. INTRODUCTION

Defendant/Appellant Jerome Hadley was charged in a single-count indictment with being a felon in possession of a firearm in violation of 18 U.S.C. §...

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