USA v. Jose Galaviz


OPINION and JUDGMENT filed: District court's denial of defendant's motion to suppress is AFFIRMED; sentence imposed on defendant is REVERSED; case is REMANDED for recalculation of sentence. We also GRANT the government's motion to strike Galaviz's untimely reply brief, decision for publication pursuant to local rule 206. Gilbert S. Merritt (CONCURRING), John M. Rogers, Helene N. White (AUTHORING), Circuit Judges.

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Case: 07-2518 Document: 006110948922 Filed: 05/06/2011 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT 100 EAST FIFTH STREET, ROOM 540 POTTER STEWART U.S. COURTHOUSE CINCINNATI, OHIO 45202-3988 Leonard Green Clerk Tel. (513) 564-7000 Filed: May 06, 2011 Mr. Michael Hluchaniuk U.S. Attorney's Office 101 First Street, Suite 200 Bay City, MI 48708 Mr. Rodney Joseph O'Farrell 1609 Court Street Saginaw, MI 48602-0000 Ms. Margaret Marie Smith U.S. Attorney's Office 211 W. Fort Street, Suite 2001 Detroit, MI 48226 Re: Case No. 07-2518, USA v. Jose Galaviz Originating Case No. 07-20009 Dear Counsel, The court today announced its decision in the above-styled case. Enclosed is a copy of the court's opinion together with the judgment which has been entered in conformity with Rule 36, Federal Rules of Appellate Procedure. Yours very truly, Leonard Green, Clerk Linda K. Martin Deputy Clerk Enclosures Mandate to issue.

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