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U.S. v. FRANKLIN

Nos. 05-2539, 05-2680, 05-2693.

499 F.3d 578 (2007)

UNITED STATES of America, Plaintiff-Appellee/Cross-Appellant, v. Marcus FRANKLIN, Defendant-Appellant/Cross-Appellee. United States of America, Plaintiff-Appellant, v. Jamaal Clarke, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 28, 2007.

Attorney(s) appearing for the Case

ARGUED: Sarah Resnick Cohen, United States Attorney, Detroit, Michigan, for Plaintiff. Douglas R. Mullkoff, Ann Arbor, Michigan, Robert M. Jensen, Laufman, Jensen & Napolitano, Cincinnati, Ohio, for Defendants. ON BRIEF: Sarah Resnick Cohen, United States Attorney, Detroit, Michigan, for Plaintiff. Douglas R. Mullkoff, Ann Arbor, Michigan, Robert M. Jensen, Laufman, Jensen & Napolitano, Cincinnati, Ohio, for Defendants.

Before: MOORE and GILMAN, Circuit Judges; FORESTER, District Judge.

FORESTER, D.J., delivered the opinion of the court, in which GILMAN, J., joined. MOORE, J. (pp. ___-___), delivered a separate opinion concurring in the judgment.

OPINION

KARL S. FORESTER, District Judge.

Marcus Franklin ("Franklin") and Jamaal Clarke ("Clarke") were convicted of various bank robbery charges in 2003. We affirmed their convictions in United States v. Franklin, 415 F.3d 537 (6th Cir. 2005),...

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