USA v. Victor Stitt, II


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.

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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

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