USA v. Darin McAllister

Filing

OPINION and JUDGMENT filed: The judgment of the district court is AFFIRMED IN PART. The case is REMANDED to the district court to conduct findings on whether McAllister is entitled to a new trial upon consideration of all factors that bear on racial animosity. Decision for publication pursuant to local rule 206. Damon J. Keith (AUTHORING), David W. McKeague (CONCURRING IN PART AND DISSENTING IN PART), and Bernice Bouie Donald, Circuit Judges.

Case: 11-5932

Document: 006111423631

Filed: 09/06/2012

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

Deborah S. Hunt
Clerk

Tel. [phone]
www.ca6.uscourts.gov

Filed: September 06, 2012
Mr. Benjamin Cabitt Mezer
Mr. Daniel D. Warlick
611 Commerce Street, Suite 2712
Nashville, TN 37203
Mr. Steven S. Neff
U.S. Attorney's Office
1110 Market Street, Suite 301
Chattanooga, TN 37402
Re: Case No. 11-5932, USA v. Darin McAllister
Originating Case No. : 3:10-cr-138-1
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. Keith Throckmorton
Enclosures
Mandate to issue.