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UNITED STATES 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.

Pursuant to Sixth Circuit Rule 206

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,...

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