USA v. Phillip Zabawa


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.

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Case: 11-1519 Document: 006111708511 Filed: 06/03/2013 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 Deborah S. Hunt Clerk Tel. (513) 564-7000 Filed: June 03, 2013 Mr. John R. Minock 339 E. Liberty Street, Suite 200 Ann Arbor, MI 48104 Ms. Kathleen Moro Nesi U.S. Attorney's Office 211 W. Fort Street, Suite 2001 Detroit, MI 48226 Re: Case No. 11-1519, USA v. Phillip Zabawa Originating Case No. : 2:04-cr-80844-1 Dear Counsel, The court today announced its decision in the above-styled case. Enclosed is a copy of the court's opinion together with the judgment which has been entered in conformity with Rule 36, Federal Rules of Appellate Procedure. Yours very truly, Deborah S. Hunt, Clerk Cathryn Lovely Deputy Clerk cc: Mr. David J. Weaver Enclosures Mandate to issue.

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