USA v. Kenneth Hutchinson


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 The district court then should engage in de novo resentencing, decision not for publication pursuant to local rule 206.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.

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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. (513) 564-7000 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

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