U.S. v. WETTSTAIN

Nos. 08-5707, 08-5708.

618 F.3d 577 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Robert WETTSTAIN (No. 08-5707) and John Edward Stewart (No. 08-5708), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 30, 2010.


Attorney(s) appearing for the Case

ARGUED: Shawn P. Hooks , Holzfaster, Cecil, McKnight & Mues, Dayton, Ohio, Michael R. Mazzoli , Cox & Mazzoli PLLC, Louisville, Kentucky, for Appellants. Monica Wheatley , Assistant United States Attorney, Louisville, Kentucky, for Appellee.

ON BRIEF: Shawn P. Hooks , Holzfaster, Cecil, McKnight & Mues, Dayton, Ohio, Michael R. Mazzoli , Cox & Mazzoli PLLC, Louisville, Kentucky, for Appellants. Monica Wheatley , Terry M. Cushing , Assistant United States Attorneys, Louisville, Kentucky, for Appellee.

Before: MARTIN and GRIFFIN, Circuit Judges; DUGGAN, District Judge.


OPINION

GRIFFIN, Circuit Judge.

Defendants Robert Wettstain and John Edward Stewart appeal their convictions and sentences following a three-day jury trial. For the reasons explained below, we affirm Stewart's and Wettstain's convictions and their mandatory minimum life sentences imposed on Count I. We reverse and remand for resentencing Wettstain's life sentences on Counts III and IV and Stewart's life sentences...

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