USA v. Marcus Cover


PER CURIAM OPINION and JUDGMENT filed : The judgment of the district court is VACATED, and the case is REMANDED for the district court either to resentence Cover or to make the requisite factfinding for the sadism-portrayal enhancement. Decision for publication. Ronald Lee Gilman, John M. Rogers, and Jeffrey S. Sutton, Circuit Judges.

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Case: 14-3641 Document: 28-1 Filed: 09/01/2015 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Deborah S. Hunt Clerk 100 EAST FIFTH STREET, ROOM 540 POTTER STEWART U.S. COURTHOUSE CINCINNATI, OHIO 45202-3988 Tel. (513) 564-7000 Filed: September 01, 2015 Ms. Laura McMullen Ford Mr. Michael A. Sullivan Office of the U.S. Attorney 801 W. Superior Avenue, Suite 400 Cleveland, OH 44113 Mr. Joseph V. Pagano P.O. Box 16869 Akron, OH 44116 Re: Case No. 14-3641, USA v. Marcus Cover Originating Case No. : 5:14-cr-00015-1 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: Ms. Geri M. Smith Enclosures Mandate to issue.

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