USA v. Demetrion Gross

Filing

OPINION and JUDGMENT filed: AFFIRMED in part, REVERSED in part; sentence imposed on defendant is VACATED and case is REMANDED, decision for publication pursuant to local rule 206. Boyce F. Martin, Jr., Julia Smith Gibbons (CONCURRING IN PART AND DISSENTING IN PART), Circuit Judges; Algenon L. Marbley (AUTHORING), U.S. District Judge for the Southern District of Ohio.

Case: 08-4051 Document: 006110764029 Filed: 10/19/2010 Page: 1

UNITED STATES COURT OF APPEALS F O R THE SIXTH CIRCUIT N o . 08-4051 U N IT E D STATES OF AMERICA, Pla in tiff - Appellee, v. D E M E T R IO N GROSS, Defendant - Appellant. Before: MARTIN and GIBBONS, Circuit Judges; MARBLEY, District Judge.

FILED
Oct 19, 2010
LEONARD GREEN, Clerk

JUDGMENT
O n Appeal from the United States District Court fo r the Northern District of Ohio at Cleveland. T H IS CAUSE was heard on the record from the district court and was submitted on briefs without oral argument. IN CONSIDERATION WHEREOF, it is ORDERED that the district court's denial of defendant Demetrion Gross's motion to suppress is AFFIRMED IN PART and R E V E R SE D IN PART. IT IS FURTHER ORDERED that the sentence imposed on defendant Gross is VACATED and the case is REMANDED for further proceedings consisten t with the opinion of this court. E N T E R E D BY ORDER OF THE COURT

L eo n ard Green, Clerk