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U.S. v. HEATH

Docket No. 04-4599-CR.

455 F.3d 52 (2006)

UNITED STATES of America, Appellant, v. Jerrell HEATH, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: July 10, 2006.

Attorney(s) appearing for the Case

Bradley E. Tyler, Assistant United States Attorney, for Michael A. Battle, United States Attorney for the Western District of New York, Rochester, NY, for the Appellant.

Robert G. Smith, Assistant Federal Public Defender (Jay S. Ovsiovitch, of counsel), Rochester, NY, for the Defendant-Appellee.

Before CALABRESI and CABRANES, Circuit Judges, and HALL, District Judge.

Judge JOSÉ A. CABRANES filed a separate opinion, concurring in part and dissenting in part.

Judge JANET C. HALL filed a separate opinion, concurring in part and dissenting in part.

CALABRESI, Circuit Judge, delivering the majority opinion with respect to Part II, in which CABRANES, Circuit Judge, joins, and the majority opinion with respect to Part III, in which HALL, District Judge, joins.

I.

Sometime in the early afternoon of November...

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