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U.S. v. CLAY

No. 09-5568.

667 F.3d 689 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Gary CLAY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 10, 2012.

Attorney(s) appearing for the Case

ARGUED: Christopher P. Keleher , Querrey & Harrow, Ltd., Chicago, Illinois, for Appellant. Scott A. Winne , Assistant United States Attorney, Chattanooga, Tennessee, for Appellee. ON BRIEF: Christopher P. Keleher , Querrey & Harrow, Ltd., Chicago, Illinois, M. Keith Davis , Austin, Davis & Mitchell, Dunlap, Tennessee, for Appellant. Zachary C. Bolitho , Assistant United States Attorney, Knoxville, Tennessee, for Appellee.

MARBLEY, D.J., delivered the opinion of the court, in which MOORE, J., joined. KETHLEDGE, J. (pp. 702-05), delivered a separate dissenting opinion.

OPINION

ALGENON L. MARBLEY, District Judge.

Defendant-Appellant Gary Clay appeals his convictions of carjacking and brandishing a firearm, contending that the district court erred in admitting evidence of prior bad acts, in denying his Rule 29 motion for acquittal, and in denying his motion for a downward variance at sentencing. Because the district court erred in admitting evidence of prior bad acts and the errors were not harmless, we REVERSE

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