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UNITED STATES v. HAZELWOOD

Nos. 18-6023/18-6101/18-6102.

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. MARK HAZELWOOD (18-6023); HEATHER JONES (18-6101); SCOTT WOMBOLD (18-6102), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 29, 2020.

Attorney(s) appearing for the Case

ARGUED: David Debold , GIBSON, DUNN & CRUTCHER, LLP, Washington, D.C., for Appellant in 18-6023.

Benjamin J. Vernia , THE VERNIA LAW FIRM, Washington, D.C., for Appellant in 18-6101.

David R. Esquivel , BASS, BERRY & SIMS PLC, Nashville, Tennessee, for Appellant in 18-6102.

Francis M. Hamilton, III , UNITED STATES ATTORNEY'S OFFICE, Knoxville, Tennessee, for Appellee.

ON BRIEF: David Debold , Megan B. Kiernan , Henry C. Phillips , GIBSON, DUNN & CRUTCHER, LLP, Washington, D.C., Shon Hopwood , Kyle Singhal , LAW OFFICE OF SHON HOPWOOD PLLC, Washington, D.C., for Appellant in 18-6023.

Benjamin J. Vernia , THE VERNIA LAW FIRM, Washington, D.C., for Appellant in 18-6101.

John E. Kelly , BASS, BERRY & SIMS PLC, Washington, D.C., Christopher J. Climo , BASS, BERRY & SIMS PLC, Nashville, Tennessee, for Appellant in 18-6102.

Francis M. Hamilton, III , Brian Samuelson , UNITED STATES ATTORNEY'S OFFICE, Knoxville, Tennessee, for Appellee.

SUHRHEINRICH, J., delivered the opinion of the court in which MURPHY, J., joined. DONALD, J. (pp. 22-37), delivered a separate dissenting opinion.

AMENDED OPINION

In this wire fraud and mail fraud conspiracy case against employees of a multibillion-dollar gas company, Pilot Flying J (Pilot), the district court allowed the government to play audio recordings in which one of the defendants, Pilot President Mark Hazelwood, is heard using deeply offensive...

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