U.S. v. McLEMORE

No. 93-6317.

28 F.3d 1160 (1994)

UNITED STATES of America, Plaintiff-Appellant, v. Charles R. McLEMORE, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 17, 1994.


Attorney(s) appearing for the Case

Kristi D. Lee, Asst. U.S. Atty., Mobile, AL, Cynthia A. Young, U.S. Dept of Justice, Crim. Appellate Section, Washington, DC, for appellant.

Paul Brown, Moore, Boller & Brown, Mobile, AL, for appellee.

Before ANDERSON and BIRCH, Circuit Judges, and CONWAY, District Judge.


BIRCH, Circuit Judge:

The United States challenges the district court's grant of the motion to arrest judgment of appellee Charles McLemore. Applying the rule of lenity, the district court granted McLemore's motion, holding that the statute under which McLemore was charged is ambiguous as to whether it applies to McLemore's conduct. The government argues that the statute was not ambiguous and, therefore, the rule of lenity is inapplicable and McLemore's conviction...

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