USA v. Robert Wettstain

Filing

OPINION and JUDGMENT filed: AFFIRMED in part, REVERSED in part, REMANDED for resentencing, decision for publication pursuant to local rule 206. Boyce F. Martin, Jr., Richard Allen Griffin (AUTHORING), Circuit Judges; Patrick J. Duggan, U.S. District Judge for the Eastern District of Michigan. [08-5707, 08-5708]

Case: 08-5707 Document: 006110719449 Filed: 08/30/2010 Page: 1

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Nos. 08-5707/5708 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ROBERT WETTSTAIN (No. 08-5707) and JOHN EDWARD STEWART (No. 08-5708), Defendants - Appellants.

FILED
Aug 30, 2010
LEONARD GREEN, Clerk

Before: MARTIN and GRIFFIN, Circuit Judges; DUGGAN, District Judge. JUDGMENT On Appeal from the United States District Court for the Western District of Kentucky at Owensboro. THIS CAUSE was heard on the record from the district court and was argued by cou nsel. IN CONSIDERATION WHEREOF, it is ORDERED that defendants' convictions are AFFIRM ED. Further, the mandatory minimum life sentences imposed on Count I on defendants John Edward Stewart and Robert Wettstain are AFFIRMED. IT IS FURTHER ORDERED that defendant Wettstain's life sentences on Counts III and IV and Stewart's life sentences on Counts II and IV are REVERSED and the cases are REMANDED for resentencing in accordance with the opinion of this court. ENTERED BY ORDER OF THE COURT

Leonard Green, Clerk