USA v. Victor Stitt, II

Filing

OPINION and JUDGMENT filed : REVERSED and REMANDED. Decision for publication. R. Guy Cole, Jr., Chief Judge; Danny J. Boggs (CONCURRING), Alice M. Batchelder, Karen Nelson Moore, Eric L. Clay, Julia Smith Gibbons, John M. Rogers, Jeffrey S. Sutton (DISSENTING), Deborah L. Cook (AUTHORING), David W. McKeague, Richard Allen Griffin, Raymond M. Kethledge, Helene N. White (CONCURRING), Jane Branstetter Stranch, and Bernice Bouie Donald, Circuit Judges.

Case: 14-6158

Document: 60-3

Filed: 06/27/2017

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
No. 14-6158

UNITED STATES OF AMERICA,
Plaintiff - Appellee,

FILED

v.

Jun 27, 2017
DEBORAH S. HUNT, Clerk

VICTOR J. STITT, II,
Defendant - Appellant.

Before: COLE, Chief Judge; BOGGS, BATCHELDER, MOORE, CLAY,
GIBBONS, ROGERS, SUTTON, COOK, McKEAGUE, GRIFFIN, KETHLEDGE,
WHITE, STRANCH, and DONALD, Circuit Judges.

JUDGMENT
On Appeal from the United States District Court
for the Eastern District of Tennessee at Winchester.
UPON CONSIDERATION of the petition for rehearing en banc and the supplemental briefs of
counsel,
IT IS ORDERED that the sentence imposed by the district court is REVERSED, and the case is
REMANDED for resentencing consistent with the opinion of this court.

ENTERED BY ORDER OF THE COURT

Deborah S. Hunt, Clerk