USA v. Kevin Weiner


OPINION filed : we VACATE the sentence and REMAND to the district court for resentencing; AFFIRM the district court's consideration of the victim-impact testimony at the sentencing hearing; and DENY Defendant's request to remand to a different judge for resentencing. Danny J. Boggs, Circuit Judge; Helene N. White, Circuit Judge and Jon Phipps McCalla, Authoring Chief District Judge for the Western District of Tennessee, sitting by designation.

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Case: 12-3374 Document: 006111631630 Filed: 03/25/2013 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. (513) 564-7000 Filed: March 25, 2013 Ms. Dale Ann Goldberg U.S. Attorney's Office 200 W. Second Street Suite 602 Dayton, OH 45402 Mr. Paul L. Nelson Federal Public Defender's Office Western District of Michigan 50 Louis Street, N.W. Suite 300 Grand Rapids, MI 49503 Re: Case No. 12-3374, USA v. Kevin Weiner Originating Case No. : 2:11-cr-00133-1 Dear Counsel, The Court issued the enclosed Opinion today in this case. Sincerely yours, s/Linda M. Niesen Case Manager Direct Dial No. 513-564-7038 cc: Mr. John P. Hehman Mr. Michael J. Hunter Enclosure Mandate to issue

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