USA v. Thomas Censke


OPINION filed : AFFIRMED the judgment of the district court concluding that Censke s Speedy Trial rights were not violated, AFFIRMED the district court s admission of recordings of the prior telephone calls to one of the victims as intrinsic, non-404(b) evidence or, alternatively, as Rule 404(b) evidence; VACATED Censke s sentence, and REMANDED for resentencing. Ronald Lee Gilman, Raymond M. Kethledge, Circuit Judges and Thomas L. Ludington, U.S. District Judge for the Eastern District of Michigan, sitting by designation.

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Case: 09-2385 Document: 006111143979 Filed: 12/02/2011 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: December 02, 2011 Mr. Paul D. Lochner U.S. Attorney's Office 1930 U.S. 41, W. Second Floor Citizens Bank Building Marquette, MI 49855 Mr. Kenneth P. Tableman 71 Maryland Avenue, S.E. Grand Rapids, MI 49506-1819 Re: Case No. 09-2385, USA v. Thomas Censke Originating Case No. : 08-00019-001 Dear Sir, The Court issued the enclosed Opinion today in this case. Sincerely yours, s/Louise Schwarber Case Manager Direct Dial No. 513-564-7015 cc: Ms. Tracey Cordes Enclosure Mandate to issue

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