USA v. Gary Dudeck, Jr.

Filing

OPINION and JUDGMENT filed: Case is REMANDED for further fact-finding. Should the district court uphold convictions on all counts, we further AFFIRM the entry of the 120-month sentence. Otherwise, district court is instructed to vacate one or both convictions for possession under Counts One and/or Count Two and resentence defendant accordingly; decision for publication pursuant to local rule 206. Damon J. Keith (AUTHORING), David W. McKeague, Raymond M. Kethledge, Circuit Judges.

Download PDF
Case: 09-3231 Document: 006111026109 Filed: 07/28/2011 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 09-3231 FILED Jul 28, 2011 UNITED STATES OF AMERICA, Plaintiff - Appellee, LEONARD GREEN, Clerk v. GARY J. DUDECK, JR., Defendant - Appellant. Before: KEITH, M CKEAGUE, and KETHLEDGE, Circuit Judges. JUDGMENT On Appeal from the United States District Court for the Northern District of Ohio at Cleveland. THIS 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 case is REMANDED to the district court for further fact-finding. Should the district court uphold convictions on all counts, we further AFFIRM the entry of the 120-month sentence. Otherwise, the district court is instructed to vacate one or both convictions for possession under Counts One and/or Count Two and resentence defendant Gary J. Dudeck, Jr., accordingly. ENTERED BY ORDER OF THE COURT Leonard Green, Clerk

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?