United States v. William J. Davis
Court of Appeals for the Sixth Circuit
1Opinion of the CourtClay, J., joined by Keith, J.,
COOK, J. (p. 352), delivered a separate concurring opinion.
OPINION
CLAY, Circuit Judge.
Defendant William J. Davis appeals his conviction and sentence for bank fraud in violation of 18 U.S.C. § 1344, entered by the United States District Court for the Southern District of Ohio on August 29, 2003. For the reasons set forth below, we AFFIRM Defendant’s conviction; however, in light of the Supreme Court’s recent opinion in United States v. Booker, — U.S. -, 125 S.Ct. 738, 160 L.Ed2d 621 (2005), we VACATE Defendant’s sentence and REMAND the case for resentencing in a manner consistent with this…
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