USA v. Kenneth Hutchinson

Filing

OPINION: we VACATE Hutchinson's conviction and sentence as to Count Three, and REMAND to the district court for a determination as to whether Counts One and Two are supported by separate conduct or images. Should the district court find both counts are supported by the same conduct or images, the court is instructed to vacate Hutchinson's conviction and sentence for Count One. The district court then should engage in de novo resentencing, decision not for publication pursuant to local rule 206. Karen Nelson Moore, Circuit Judge; Eric L. Clay, Circuit Judge and David W. McKeague, AUTHORING Circuit Judge.

Case: 10-4603

Document: 006111200930

Filed: 02/01/2012

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. [phone]
www.ca6.uscourts.gov

Filed: February 01, 2012

Mr. T. Clifton Harviel
Mr. Daniel R. Ranke

Re: Case No. 10-4603, USA v. Kenneth Hutchinson
Originating Case No. : 10-00234-001
Dear Counsel,
The Court issued the enclosed (Order/Opinion) today in this case.
Sincerely yours,
s/Laura A. Jones
Case Manager
Direct Dial No. 513-564-7023
cc: Ms. Geri M. Smith
Enclosure
Mandate to issue