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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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