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UNITED STATES v. SMALL

Nos. 20-5117 20-5120.

988 F.3d 241 (2021)

UNITED STATES of America, Plaintiff-Appellee, v. Josh SMALL; Joni Amber Johnson, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 10, 2021.

Attorney(s) appearing for the Case

ARGUED: Kevin M. Schad , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Cincinnati, Ohio, for Appellant in 20-5117. Gregory A. Napolitano , LAUFMAN NAPOLITANO, LLC, Cincinnati, Ohio, for Appellant in 20-5120. Alan S. Kirk , UNITED STATES ATTORNEY'S OFFICE, Knoxville, Tennessee, for Appellee. ON BRIEF: Kevin M. Schad , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Cincinnati, Ohio, for Appellant in 20-5117. Gregory A. Napolitano , LAUFMAN NAPOLITANO, LLC, Cincinnati, Ohio, for Appellant in 20-5120. Alan S. Kirk , UNITED STATES ATTORNEY'S OFFICE, Knoxville, Tennessee, for Appellee.

Before: SILER, CLAY, and GRIFFIN, Circuit Judges.

OPINION

Defendants Josh Small and Joni Johnson were both convicted and sentenced under the Federal Kidnapping Statute. In this consolidated appeal, Small and Johnson raise several issues, including insufficiency of the evidence under the Federal Kidnapping Statute, improper advice to the jury, failure to hold an evidentiary...

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