Legal Opinion · Dissent

United States v. Gregory Gillespie

Court of Appeals for the Sixth Circuit

Decided November 9, 2017No. 16-6402Unpublished

1DissentCook, Circuit Judge

I respectfully dissent. I would affirm the district court’s ruling on the sentencing enhancements and the 120-month sentence.

I do not think the district court clearly erred in concluding that Gillespie pointed his gun at Officer Williams. Judge Collier deemed the Officer’s testimony credible, finding no reason to doubt his explanation that the gun-pointing took place off-camera. And Officer Williams had ample opportunity—direct, cross, redirect, and recross examinations—to walk back his account, but he remained steadfast even after watching the dash-cam video at various speeds and reviewing…

2Cases cited5 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. United States v. BoldsCourt of Appeals for the Sixth Circuit · 2007
  3. Heriberto Navarro-Camacho v. United StatesCourt of Appeals for the Sixth Circuit · 1999
  4. State v. GrayCourt of Criminal Appeals of Tennessee · 1997
  5. United States v. Mark EllisonCourt of Appeals for the Ninth Circuit · 2017

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