U.S. v. VONNER

No. 05-5295.

516 F.3d 382 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Alvin VONNER, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 7, 2008.


Attorney(s) appearing for the Case

ARGUED: Stephen Ross Johnson, Ritchie, Dillard & Davies, Knoxville, Tennessee, for Appellant. Charles E. Atchley, Jr., Assistant United States Attorney, Knoxville, Tennessee, for Appellee. ON BRIEF: Stephen Ross Johnson, Ritchie, Dillard & Davies, Knoxville, Tennessee, for Appellant. Charles E. Atchley, Jr., Assistant United States Attorney, Knoxville, Tennessee, for Appellee. Ann C. Short-Bowers, The Bosch Law Firm, P.C., Knoxville, Tennessee, David M. Eldridge, Eldridge & Blakney, Knoxville, `Tennessee, Henry A. Martin, Federal Public Defender's Office, Nashville, Tennessee, for Amici Curiae.

Before: BOGGS, Chief Judge; MARTIN, SILER, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, GILMAN, GIBBONS, ROGERS, SUTTON, COOK, McKEAGUE, and GRIFFIN, Circuit Judges.


SUTTON, J., delivered the opinion of the court, in which BOGGS, C.J., SILER, BATCHELDER, GIBBONS, ROGERS, COOK, McKEAGUE, and GRIFFIN, JJ., joined. MARTIN, J. (pp. 392-95), delivered a separate dissenting opinion, in which COLE and CLAY, JJ., joined.

CLAY, J. (pp. 395-406), delivered a separate dissenting opinion, in which MARTIN, DAUGHTREY, MOORE, COLE, and GILMAN, JJ., joined. MOORE, J. (pp. 406-12), delivered a separate...

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