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U.S. v. Bruce

United States Court of Appeals, Sixth Circuit
Apr 7, 2005
405 F.3d 1034 (6th Cir. 2005)

Summary

vacating the defendant's sentence and remanding for resentencing in light of Booker

Summary of this case from Morrell v. Wardens

Opinion

No. 03-3110.

April 7, 2005.

Timothy D. Oakley, U.S. Attorney's Office Southern District of Ohio, Cincinnati, OH, for Plaintiff-Appellee.

J. Vincent Aprile, II, Lynch, Cox, Gilman Mahan, Louisville, KY, for Defendant-Appellant.

Before: NELSON and COOK, Circuit Judges; and ROSEN, District Judge.

Hon. Gerald E. Rosen, United States District Judge for the Eastern District of Michigan, sitting by designation.


ORDER

A member of the court having requested rehearing of this case en banc, and less than a majority of the judges in regular active service having voted in favor of that request, the request for rehearing has been referred to the original panel pursuant to 6 Cir. I.O.P. 35(c).

A majority of this panel has voted to grant rehearing with respect to part III.E of our original decision, because it was erroneous in light of the decision entered one day earlier by this court in United States v. Oliver, 397 F.3d 369 (6th Cir. 2005). We therefore vacate our earlier affirmance of Bruce's sentence, vacate Bruce's sentence, and remand for resentencing in light of United States v. Booker, ___ U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).


Summaries of

U.S. v. Bruce

United States Court of Appeals, Sixth Circuit
Apr 7, 2005
405 F.3d 1034 (6th Cir. 2005)

vacating the defendant's sentence and remanding for resentencing in light of Booker

Summary of this case from Morrell v. Wardens
Case details for

U.S. v. Bruce

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. Floyd M. BRUCE…

Court:United States Court of Appeals, Sixth Circuit

Date published: Apr 7, 2005

Citations

405 F.3d 1034 (6th Cir. 2005)

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