United States v. Albert Louis Lipscomb, Cross-Appellee

DUHÉ, Circuit Judge,

concurring in part, dissenting in part:

I write separately because, although I concur in the conclusion reached by Judge Wiener that-we must reverse Lipscomb’s conviction, vacate his sentence, and remand for a new trial, I cannot join his method of getting there. I adopt Judge Wiener’s factual and procedural background sections; concur in the result but not the reasoning of Part III; dissent from Parts IV, V, and VI; and concur in Part VII. I begin with an overview of the appropriate analytical framework.

I. ANALYTICAL FRAMEWORK

Judge Wiener’s opinion merges analysis of…