USA v. Irving Seymour

Filing

OPINION and JUDGMENT filed : The district court s rulings on Defendant s motions for discovery and to suppress are AFFIRMED, the district court s application of the firearm enhancement is REVERSED, Defendant s sentence is VACATED, and the case is REMANDED for resentencing consistent with the opinion of this Court. Decision for publication. R. Guy Cole, Jr. and Eric L. Clay (AUTHORING), Circuit Judges; William O. Bertelsman, U.S. District Judge for the Eastern District of Kentucky, sitting by designation.

Case: 12-4313

Document: 006111936467

Filed: 01/15/2014

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: January 15, 2014

Mr. Jeffry F. Kelleher
526 Superior Avenue, E., Suite 1540
Cleveland, OH 44114
Mr. Bernard A. Smith
U.S. Attorney's Office
Two S. Main Street
Suite 208 Federal Building
Akron, OH 44308
Re: Case No. 12-4313, USA v. Irving Seymour
Originating Case No. : 1:10-cr-00399-1
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: Geri M. Smith
Enclosures
Mandate to issue.