United States v. Gabrion

I would affirm the district court in its entirety — both conviction and sentence. Therefore, I concur generally in the portions of the majority’s decision that affirm the judgment of the district court without necessarily joining the majority’s reasoning or discussion. I agree that we need not reach the issue contained in Section XIV but I do not join in the associated dicta. I respectfully dissent from those portions of the majority’s decision that re*354verse the district court, specifically Sections II and III.

In Section II, the majority conducts a de novo review1 of Gabrioris claim that the…