USA v. Jimmy Abernathy

Filing

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.

Case: 16-5314

Document: 17-3

Filed: 12/08/2016

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
No. 16-5314
UNITED STATES OF AMERICA,
Plaintiff-Appellee,

FILED
Dec 08, 2016
DEBORAH S. HUNT, Clerk

v.
JIMMY JAIL ABERNATHY,
Defendant-Appellant.

Before: CLAY, KETHLEDGE, and DONALD, Circuit Judges.

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 submitted
on the briefs without oral argument.
IN CONSIDERATION WHEREOF, it is ORDERED that 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.
ENTERED BY ORDER OF THE COURT

____________________________________
Deborah S. Hunt, Clerk