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: 006111398709 Filed: 08/13/2012 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 Filed: August 13, 2012 Mr. Russell T. Greene 800 S. Gay Street, Suite 1920 Knoxville, TN 37929 Mr. Jonathan Patrick Harwell Mr. Ralph E. Harwell 800 S. Gay Street Suite 2131 First Tennessee Plaza Knoxville, TN 37929 Ms. Alexandra Hui U.S. Attorney Office 99 N.E. Fourth Street, Suite 600 Miami, FL 33132 Mr. David P. Lewen Jr. U.S. Attorney's Office 800 Market Street, Suite 211 Knoxville, TN 37902 Re: Case No. 11-5194, USA v. James LaPointe Originating Case No. : 09-00141-010 Dear Counsel, The court today announced its decision in the above-styled case. Tel. (513) 564-7000 Case: 11-5194 Document: 006111398709 Filed: 08/13/2012 Page: 2 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, Leonard Green, Clerk Cathryn Lovely Deputy Clerk cc: Ms. Debra Poplin Enclosures Mandate to issue.

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