United States Sixth Circuit

In an amended opinion, portions of the previous opinion that mistakenly relied on evidence that wasn't available to the jury to prove or disprove defendant's guilt are removed and portions of defendant's conviction on firearm-related offenses are reversed where there is insufficient evidence to support the conviction after the erroneous evidence is removed.

Appellate Information

• Decided 01/20/2009
• Published 01/20/2009

Judges

• Before MOORE and GRIFFIN, Circuit Judges;  TARNOW, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Jessica A. Dipre, Dinsmore & Shohl, Cincinnati, Ohio, for Appellant.  Andrew Sparks, Assistant United States Attorney, Lexington, Kentucky, for Appellee ON BRIEF:  Jessica A. Dipre, Michael J. Newman, Jennifer K. Swartz, Dinsmore & Shohl, Cincinnati, Ohio, for Appellant.   Charles P. Wisdom, Jr., David P. Grise, Assistant United States Attorneys, Lexington, Kentucky, for Appellee.