USA v. Ernest Catching
OPINION and JUDGMENT filed: The district court's judgment of conviction and its denial of Catchings's motion to withdraw his guilty plea are AFFIRMED. Catchings's sentence is VACATED, and the case is REMANDED for resentencing. Decision for publication. Karen Nelson Moore (AUTHORING) and Deborah L. Cook, Circuit Judges; and William O. Bertelsman, U.S. District Judge for the Eastern District of Kentucky, sitting by designation. [11-6303, 11-6305]
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Jan 15, 2013
DEBORAH S. HUNT, Clerk
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
Defendant - Appellant.
Before: MOORE and COOK, Circuit Judges; BERTELSMAN, District Judge.
On Appeal from the United States District Court
for the Western District of Tennessee at Memphis.
THIS CAUSE was heard on the record from the district court and was argued by counsel.
IN CONSIDERATION WHEREOF, it is ORDERED that the district court’s judgment
of conviction and its denial of Catchings’s motion to withdraw his guilty plea are AFFIRMED.
IT IS FURTHER ORDERED that Catchings’s sentence is VACATED, and the case is
REMANDED to the district court for resentencing.
ENTERED BY ORDER OF THE COURT
Deborah S. Hunt, Clerk
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