U.S. v. BAILEY

No. 06-5576.

553 F.3d 940 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Terrell R. BAILEY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 20, 2009.


Attorney(s) appearing for the Case

ARGUED: Jessica A. Dipre, Dinsmore & Shohl, Cincinnati, Ohio, for Appellant. Andrew Sparks, Assistant United States Attorney, Lexington, Kentucky, for Appellee ON BRIEF: Jessica A. Dipre, Michael J. Newman, Jennifer K. Swartz, Dinsmore & Shohl, Cincinnati, Ohio, for Appellant. Charles P. Wisdom, Jr., David P. Grise, Assistant United States Attorneys, Lexington, Kentucky, for Appellee.

MOORE, J., delivered the opinion of the court, in which TARNOW, D. J., joined. GRIFFIN, J. (pp. ___ - ___), delivered a separate opinion dissenting in part and concurring in part.


AMENDED OPINION

KAREN NELSON MOORE, Circuit Judge.

Defendant Terrell R. Bailey ("Bailey") has submitted a petition for rehearing by the panel or, in the alternative, a petition for rehearing en banc, challenging our prior panel opinion upholding his convictions and sentences for possession with intent to distribute crack cocaine in violation of 21 U.S.C. § 841(a)(1); possession of a firearm in furtherance of drug trafficking in violation of 18 U.S.C...

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