USA v. Manila Vichitvongsa

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OPINION and JUDGMENT filed : The district court is AFFIRMED in Case No. 14-6013. IT IS FURTHER ORDERED that in Case No. 15-5037 the district court is REVERSED, the defendant s two 924(c) convictions are VACATED, and the case is REMANDED for entry of a revised judgment and sentence. The district court is AFFIRMED in all other respects. Decision for publication. Richard Allen Griffin (AUTHORING) and Jane Branstetter Stranch, Circuit Judges; James S. Gwin, U.S. District Judge for the Northern District of Ohio, sitting by designation. [14-6013, 15-5037]

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Case: 14-6013 Document: 43-3 Filed: 04/04/2016 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Nos. 14-6013/15-5037 FILED UNITED STATES OF AMERICA, Plaintiff - Appellee, Apr 04, 2016 DEBORAH S. HUNT, Clerk v. MANILA VICHITVONGSA, aka Manee Vichitvongsa, Nelly, Defendant - Appellant. Before: GRIFFIN and STRANCH, Circuit Judges; GWIN, District Judge. JUDGMENT On Appeal from the United States District Court for the Middle District of Tennessee at Nashville. THIS CAUSE was heard on the record from the district court and was argued by counsel. IN CONSIDERATION WHEREOF, it is ORDERED that the district court is AFFIRMED in Case No. 14-6013. IT IS FURTHER ORDERED that in Case No. 15-5037 the district court is REVERSED, the defendant’s two § 924(c) convictions are VACATED, and the case is REMANDED for entry of a revised judgment and sentence. The district court is AFFIRMED in all other respects. ENTERED BY ORDER OF THE COURT Deborah S. Hunt, Clerk

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