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U.S. v. PARTON

No. 13-12612.

749 F.3d 1329 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Joshua Ray PARTON, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 30, 2014.

Attorney(s) appearing for the Case

Sandra J. Stewart , George L. Beck, Jr. , Tommie Brown Hardwick , Jared H. Morris , U.S. Attorney's Office, Montgomery, AL, for Plaintiff-Appellee.

Donnie Wayne Bethel , Christine A. Freeman , Federal Defender Program, Inc., Montgomery, AL, for Defendant-Appellant,

Before ANDERSON and EBEL, Circuit Judges, and UNGARO, District Judge.

ANDERSON, Circuit Judge:

Parton asks us in this appeal to overrule our prior, binding precedent in United States v. Smith (Smith II), 459 F.3d 1276 (11th Cir.2006). We decline to do so.

Count I of the indictment charged Parton, inter alia, as follows:

On or about May 1, 2011, in Elmore County, within the Middle District of Alabama, the defendant, JOSHUA RAY PARTON, did employ, use, persuade, induce,...

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