USA v. James LaPointe


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.

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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

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