United States of America v. Ray Gibson

RECOMMENDED FOR FULL-TEXT PUBLICATION
Pursuant to Sixth Circuit I.O.P. 32.1(b)
File Name: 17a0246p.06
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
U NITED S TATES OF A MERICA,
Plaintiff-Appellee,
v.
RAY G IBSON,
Defendant-Appellant.
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No. 15-6122
Appeal from the United States District Court
for the Eastern District of Kentucky at London.
No. 6:14-cr-00025-1—Amul R. Thapar, District Judge.
Argued: October 11, 2017
Decided and Filed: October 31, 2017
Before: COLE, Chief Judge; BATCHELDER, DAUGHTREY, MOORE,
CLAY, GIBBONS, ROGERS, SUTTON, COOK, McKEAGUE, GRIFFIN,
KETHLEDGE, WHITE, STRANCH, DONALD, and BUSH, Circuit Judges.*
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COUNSEL
ARGUED EN BANC: Dennis C. Belli, Columbus, Ohio, for Appellant. Finnuala K. Tessier,
UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee. ON
SUPPLEMENTAL BRIEF: Dennis C. Belli, Columbus, Ohio, for Appellant. Finnuala K.
Tessier, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., Charles P.
Wisdom, Jr., John Patrick Grant, UNITED STATES ATTORNEY’S OFFICE, Lexington,
Kentucky, for Appellee.
*Judge Amul R. Thapar recused himself from participation in this ruling.
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No. 15-6122 United States v. Gibson Page 2
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ORDER
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This case was heard by the en banc court on October 11, 2017. The en banc court is
evenly divided; therefore, the sentence imposed by the district court is AFFIRMED. See Sch.
Dist. of City of Pontiac v. Sec’y of U.S. Dep’t of Educ., 584 F.3d 253, 256 (6th Cir. 2009) (en
banc); Stupak-Thrall v. United States, 89 F.3d 1269, 1269 (6th Cir. 1996) (en banc).
IT IS SO ORDERED.
ENTERED BY ORDER OF THE COURT
Deborah S. Hunt, Clerk

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