No. 22-3686.

83 F.4th 615 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Marlon LUNDY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 10, 2023.

Attorney(s) appearing for the Case

ON BRIEF: Patrick J. Hanley , Covington, Kentucky, for Appellant. Daniel R. Ranke , UNITED STATES ATTORNEY'S OFFICE, Cleveland, Ohio, for Appellee.

Before: KETHLEDGE, THAPAR, and MATHIS, Circuit Judges.


Marlon Lundy pulled out a 9-millimeter pistol, chambered a round, and pointed the gun at Alyssa Kirk, the mother of his children. Minutes later, Kirk told the police what happened. An officer recorded her statement on his bodycam, and the government played the recording at Lundy's

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