USA v. Carlos Powell

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OPINION and JUDGMENT filed: Denial of defendants' motions to suppress and the judgment against Carlos Powell and Eric Powell, respectively, are AFFIRMED. IT IS FURTHER ORDERED that the convictions of Earnest Proge are VACATED, and his case is REMANDED for entry of judgment of acquittal on Count 3 and for further proceedings with respect to Counts 1, 2, 8, and 10, decision for publication. Ralph B. Guy , Jr. (Authoring); Danny J. Boggs, and Karen Nelson Moore (Concurring in Part and Dissenting in Part), Circuit Judges. [14-2506, 14-2507, 15-1724]

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Case: 14-2506 Document: 51-2 Filed: 02/06/2017 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Nos. 14-2506/2507/15-1724 UNITED STATES OF AMERICA, Plaintiff - Appellee, FILED Feb 06, 2017 DEBORAH S. HUNT, Clerk v. CARLOS ELLIS POWELL (14-2506); ERIC JEROME POWELL (14-2507); EARNEST LEE PROGE (15-1724), Defendants - Appellants. Before: GUY, BOGGS, and MOORE, Circuit Judges. JUDGMENT On Appeal from the United States District Court for the Eastern District of Michigan at Detroit. THIS CAUSE was heard on the record from the district court and was argued by counsel. IN CONSIDERATION WHEREOF, it is ORDERED that the denial of defendants’ motions to suppress and the judgment against Carlos Powell and Eric Powell, respectively, are AFFIRMED. IT IS FURTHER ORDERED that the convictions of Earnest Proge are VACATED, and his case is REMANDED for entry of judgment of acquittal on Count 3 and for further proceedings with respect to Counts 1, 2, 8, and 10. ENTERED BY ORDER OF THE COURT Deborah S. Hunt, Clerk

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