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U.S. v. THORPE

No. 05-2220.

471 F.3d 652 (2006)

UNITED STATES of America, Plaintiff-Appellant, v. James THORPE, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 27, 2006.

Attorney(s) appearing for the Case

ARGUED: Jonathan Tukel, Assistant United States Attorney, Detroit, Michigan, for Appellant. David S. Steingold, Law Offices of David S. Steingold, Detroit, Michigan, for Appellee. ON BRIEF: Jonathan Tukel, Assistant United States Attorney, Detroit, Michigan, for Appellant. David S. Steingold, Tracie Dominique Palmer, Law Offices of David S. Steingold, Detroit, Michigan, for Appellee.

Before GILMAN and GRIFFIN, Circuit Judges; HEYBURN, Chief District Judge.

OPINION

RONALD LEE GILMAN, Circuit Judge.

A federal grand jury in the Eastern District of Michigan indicted James Thorpe for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g). Thorpe, an African-American, moved to dismiss the indictment on the ground that he was being selectively prosecuted because of his race. After conducting a preliminary investigation in support of his claim, Thorpe formally moved the district court for...

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