USA v. Troy Hockenberry

Filing

OPINION and JUDGMENT filed : The judgment of the district court with regard to defendant Hockenberry is AFFIRMED IN PART, his sentence is REVERSED, and the case is REMANDED for resentencing. The district court's judgment and sentence with regard to defendant Gray are AFFIRMED. Decision for publication. Karen Nelson Moore and Richard Allen Griffin, Circuit Judges; Edmund A. Sargus, Jr. (AUTHORING), U.S. District Judge for the Southern District of Ohio, sitting by designation. [12-3720, 12-3757]

Case: 12-3720

Document: 006111823360

Filed: 09/19/2013

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Nos. 12-3720/3757

FILED

UNITED STATES OF AMERICA,
Plaintiff - Appellee,

Sep 19, 2013
DEBORAH S. HUNT, Clerk

v.
TROY DENNIS HOCKENBERRY (12-3720) and
BILLY HARRIS GRAY, JR. (12-3757),
Defendants - Appellants.
Before: MOORE and GRIFFIN, Circuit Judges; SARGUS, District Judge.
JUDGMENT
On Appeal from the United States District Court
for the Northern District of Ohio at Youngstown.
THIS CAUSE was heard on the record from the district court and was argued by counsel
in 12-3757 and submitted on the briefs without oral argument in 12-3720.
IN CONSIDERATION WHEREOF, it is ORDERED that the judgment of the district
court with regard to defendant Hockenberry is AFFIRMED IN PART, his sentence is
REVERSED, and the case is REMANDED for resentencing consistent with the opinion of this
court. IT IS FURTHER ORDERED that the district court’s judgment and sentence with regard
to defendant Gray are AFFIRMED.
ENTERED BY ORDER OF THE COURT

Deborah S. Hunt, Clerk