USA v. Marcus Cover

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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: 28-3 Filed: 09/01/2015 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 14-3641 UNITED STATES OF AMERICA, Plaintiff - Appellee, FILED Sep 01, 2015 DEBORAH S. HUNT, Clerk v. MARCUS COVER, Defendant - Appellant. Before: GILMAN, ROGERS, and SUTTON, Circuit Judges. JUDGMENT On Appeal from the United States District Court for the Northern District of Ohio at Akron. THIS CAUSE was heard on the record from the district court and was submitted on the briefs without oral argument. IN CONSIDERATION WHEREOF, it is ORDERED that 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. ENTERED BY ORDER OF THE COURT Deborah S. Hunt, Clerk

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