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U.S. v. GILPATRICK

No. 07-5653.

548 F.3d 479 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Michael GILPATRICK, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 26, 2008.

Attorney(s) appearing for the Case

ARGUED: Joseph F. Edwards, Edwards & Edwards, Cookeville, Tennessee, for Appellant. Marie K. McElderry, United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Joseph F. Edwards, Edwards & Edwards, Cookeville, Tennessee, for Appellant. Marie K. McElderry, Jessica Dunsay Silver, United States Department of Justice, Washington, D.C., for Appellee.

GIBBONS, J., delivered the opinion of the court. MERRITT, J. (p. 487), delivered a separate concurring opinion, in which KEITH, J., joined.

OPINION

JULIA SMITH GIBBONS, Circuit Judge.

Defendant Michael Gilpatrick appeals the 108-month sentence imposed by the district court following his jury conviction for conspiring to deprive another of his civil rights, in violation of 18 U.S.C. § 241, and the substantive count of depriving another of his civil rights, in violation of 18 U.S.C. § 242. Gilpatrick does not appeal his conviction. Gilpatrick argues that the district court lacked the...

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