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U.S. v. GABRION

Nos. 02-1386, 02-1461, 02-1570.

517 F.3d 839 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Marvin Charles GABRION, II, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 14, 2008.

Attorney(s) appearing for the Case

ARGUED: Judy C. Clarke, Federal Defenders of San Diego, San Diego, California, Margaret S. O'Donnell, McNally & O'Donnell, Frankfort, Kentucky, for Appellant. Joan E. Meyer, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee. ON BRIEF: Judy C. Clarke, Federal Defenders of San Diego, San Diego, California, Margaret S. O'Donnell, Kevin M. McNally, McNally & O'Donnell, Frankfort, Kentucky, for Appellant. Joan E. Meyer, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.

Before: MERRITT, BATCHELDER, and MOORE, Circuit Judges.

BATCHELDER, J., delivered the opinion of the court. MOORE, J. (pp. 857-76), delivered a separate opinion concurring in the judgment. MERRITT, J. (pp. 876-87), delivered a separate dissenting opinion.

OPINION

ALICE M. BATCHELDER, Circuit Judge.

In this appeal from a federal criminal conviction, we are confronted with the precursory issue of whether a district court has subject matter jurisdiction over a criminal prosecution for murder — the...

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