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U.S. v. HUNTER

No. 09-4085.

646 F.3d 372 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Christopher J. HUNTER, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 25, 2011.

Attorney(s) appearing for the Case

ARGUED: Dennis Belli, Columbus, Ohio, for Appellant. Benjamin C. Glassman, Assistant United States Attorney, Cincinnati, Ohio, for Appellee. ON BRIEF: Dennis Belli, Columbus, Ohio, for Appellant. Vipal J. Patel, Assistant United States Attorney, Dayton, Ohio, for Appellee.

MARTIN, J., delivered the opinion of the court, in which MOORE, J., joined. GWIN, D.J. (pp. 376-78), delivered a separate dissenting opinion.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

This is Christopher Hunter's second appeal. In our prior opinion we reversed Hunter's conviction and sentence for violating 18 U.S.C. § 924(c)(1) because the proceedings at trial constructively amended his indictment. However, we affirmed Hunter's other convictions and the thirty-year sentence he received for those counts. On remand the United States agreed to not pursue the section 924(c) charge. The district...

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