USA v. Gary Dudeck, Jr.

Filing

AMENDED OPINION and AMENDED JUDGMENT filed vacating signed opinion and judgment entered on July 28, 2011. 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 Two and/or Count Three and resentence defendant accordingly. Decision for publication pursuant to local rule 206. Damon J. Keith (AUTHORING), David W. McKeague, Raymond M. Kethledge, Circuit Judges.

Case: 09-3231

Document: 006111071822

Filed: 09/14/2011

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
FILED

No. 09-3231

Sep 14, 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.

AMENDED 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 Two and/or
Count Three and resentence defendant Gary J. Dudeck, Jr., accordingly.
ENTERED BY ORDER OF THE COURT

Leonard Green, Clerk