USA v. James LaPointe

Filing

OPINION and JUDGMENT filed: The judgment of the district court on Count II is AFFIRMED. The judgment on Count I is REVERSED and the case REMANDED. Decision for publication pursuant to local rule 206. Gilbert S. Merritt (AUTHORING) and John M. Rogers, Circuit Judges; Dan A. Polster, U.S. District Judge for the Northern District of Ohio, sitting by designation.

Case: 11-5194

Document: 006111398705

Filed: 08/13/2012

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
No. 11-5194
UNITED STATES OF AMERICA,
Plaintiff - Appellee,

FILED

Aug 13, 2012
LEONARD GREEN, Clerk

v.
JAMES LAPOINTE,
Defendant - Appellant.
Before: MERRITT and ROGERS, Circuit Judges; POLSTER, District Judge.

JUDGMENT
On Appeal from the United States District Court
for the Eastern District of Tennessee at Knoxville.
THIS CAUSE was heard on the record from the district court and argued by
counsel.
IN CONSIDERATION WHEREOF, it is ORDERED that the judgment of the
district court on Count II is AFFIRMED. IT IS FURTHER ORDERED that the
judgment on Count I is REVERSED, and the case REMANDED for further
proceedings consistent with the opinion of the court.
ENTERED BY ORDER OF THE COURT

Leonard Green, Clerk