USA v. Phillip Zabawa

Filing

OPINION and JUDGMENT filed: Zabawa's conviction under 111(a)(1) is AFFIRMED, his conviction under 111(b) is REVERSED, and the case REMANDED to the district court. Decision for publication. R. Guy Cole, Jr. and Raymond M. Kethledge (AUTHORING), Circuit Judges; and Amul R. Thapar, U.S. District Judge for the Eastern District of Kentucky, sitting by designation.

Case: 11-1519

Document: 006111708508

Filed: 06/03/2013

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT

FILED

No. 11-1519
UNITED STATES OF AMERICA,
Plaintiff - Appellee,

Jun 03, 2013
DEBORAH S. HUNT, Clerk

v.
PHILLIP ZABAWA,
Defendant - Appellant.
Before: COLE and KETHLEDGE, Circuit Judges; THAPAR, District Judge.
JUDGMENT
On Appeal from the United States District Court
for the Eastern District of Michigan at Detroit.
THIS CAUSE was heard on the record from the district court and was argued by
counsel.
IN CONSIDERATION WHEREOF, it is ORDERED that Zabawa’s conviction
under § 111(a)(1) is AFFIRMED, his conviction under § 111(b) is REVERSED, and
the case REMANDED to the district court for further proceedings consistent with the
opinion of this court.
ENTERED BY ORDER OF THE COURT

Deborah S. Hunt, Clerk