USA v. Jimmy Abernathy


OPINION and JUDGMENT filed : The district court s denial of Defendant s motion to suppress is REVERSED, Defendant s convictions and sentence are VACATED, and the case is REMANDED for further proceedings consistent with the opinion of this court.decision for publication. Eric L. Clay (AUTHORING), Raymond M. Kethledge (DISSENTING), and Bernice Bouie Donald, Circuit Judges.

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Case: 16-5314 Document: 17-1 Filed: 12/08/2016 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: December 08, 2016 Mr. Michael C. Holley Ms. Mariah A. Wooten Federal Public Defender's Office 810 Broadway, Suite 200 Nashville, TN 37203 Mr. Van S. Vincent Office of the U.S. Attorney 110 Ninth Avenue, S., Suite A-961 Nashville, TN 37203 Re: Case No. 16-5314, USA v. Jimmy Abernathy Originating Case No. : 3:14-cr-00012-1 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: Mr. Keith Throckmorton Enclosures Mandate to issue.

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