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U.S. v. PENNEY

No. 05-6821.

576 F.3d 297 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Terry Eugene PENNEY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 7, 2009.

Attorney(s) appearing for the Case

ARGUED: Bryan H. Hoss, Davis & Hoss, Chattanooga, Tennessee, for Appellant. Steven S. Neff, Assistant United States Attorney, Chattanooga, Tennessee, for Appellee. ON BRIEF: Bryan H. Hoss, C. Leland Davis, Davis & Hoss, Chattanooga, Tennessee, for Appellant. Steven S. Neff, Assistant United States Attorney, Chattanooga, Tennessee, for Appellee.

BOGGS, C.J., delivered the opinion of the court, in which GRIFFIN, J., joined. MERRITT, J. (p. 317-18), delivered a separate dissenting opinion.

OPINION

BOGGS, Chief Judge.

After a jury trial, Defendant-Appellant Terry Eugene Penney ("Penney") was convicted of fifteen violations of federal drug and gun laws and an attempt to kill a federal agent, and sentenced to 895 months of imprisonment. Penney now appeals the district court's denial of his motions to dismiss some of the charges and to suppress evidence, the district court's evidentiary rulings, and the reasonableness of his sentence. Penney also...

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