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NICHOLSON v. UNITED STATES

Nos. 21-1768/1779.

78 F.4th 870 (2023)

Marvin NICHOLSON (21-1768); Bryan Sorrell (21-1779), Petitioners-Appellants, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 16, 2023.

Attorney(s) appearing for the Case

ARGUED: Michael J, West , HOGAN LOVELLS US LLP, Washington, D.C., for Appellant in 21-1768. Jeremy Gordon , JEREMY GORDON, PLLC, Mansfield, Texas, for Appellant in 21-1779. Mark Chasteen , UNITED STATES ATTORNEY'S OFFICE, Detroit, Michigan, for Appellee. ON BRIEF: Michael J, West , HOGAN LOVELLS US LLP, Washington, D.C., for Appellant in 21-1768. Jeremy Gordon , JEREMY GORDON, PLLC, Mansfield, Texas, for Appellant in 21-1779. Mark Chasteen , UNITED STATES ATTORNEY'S OFFICE, Detroit, Michigan, for Appellee.

Before: GILMAN, LARSEN, and NALBANDIAN, Circuit Judges.

OPINION

An indictment charged motorcycle-gang members Marvin Nicholson and Bryan Sorrell with one count of conspiracy and one count of aiding-and-abetting assault under the Violent Crimes in Aid of Racketeering ("VICAR") statute. At trial, the district court instructed the jury that either of those two offenses...

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