United States v. Thomas P. Gifford, 33 F.3d 55 (6th Cir. 1994). · Go Syfert
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United States v. Thomas P. Gifford, 33 F.3d 55 (6th Cir. 1994). Cases Citing This Book View Copy Cite
41 citation events (14 in the last 25 years) across 9 distinct courts.
Strongest positive: Jana Jones-Turner v. Yellow Enterprise Systems, LLC (ca6, 2015-01-05) · Strongest negative: Stratton v. Portfolio Recovery Associates, LLC (kyed, 2016-03-21)
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited "but see" Stratton v. Portfolio Recovery Associates, LLC
E.D. Ky. · 2016 · signal: but see · confidence high
The court reasoned that, “there is no reason why a proper foundation for application of Rule 803(6) cannot be laid, in part or in whole, by the testimony of a government agent or other person outside the organization whose records are sought to be admitted.” Id. at 906 ; but see United States v. Selby, 33 F.3d 55 (Table), 1994 WL 416262 , *10 (6th Cir. Aug. 8, 1994) (requiring that document be generated in the course of the foundation witness’ business).
discussed Cited "see" Jana Jones-Turner v. Yellow Enterprise Systems, LLC
6th Cir. · 2015 · signal: see · confidence high
See id. at 813-15 . *297 In Myracle v. General Electric Co., 33 F.3d 55 , at *5 (6th Cir.1994) (per curiam) (unpublished), we addressed whether a lunch break was compensable when maintenance mechanics were required to maintain responsibility for their machines and to remain on call during their lunch break in case the machine malfunctioned.
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United States
v.
Thomas P. Gifford
94-3434.
Court of Appeals for the Sixth Circuit.
Aug 18, 1994.
33 F.3d 55
Cited by 2 opinions  |  Unpublished

33 F.3d 55

NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.
UNITED STATES of America, Plaintiff-Appellee,
v.
Thomas P. GIFFORD, Defendant-Appellant.

No. 94-3434.

United States Court of Appeals, Sixth Circuit.

Aug. 18, 1994.

Before: NELSON and DAUGHTREY, Circuit Judges, and WELLFORD, Senior Circuit Judge.

ORDER

1

The defendant appeals a re-sentencing and restitution order entered in the district court on April 1, 1994, pursuant to this court's order of remand in Gifford v. United States, No. 92-4194 (6th Cir. June 29, 1993) (unpublished order). The defendant was resentenced on that date without the aid of counsel. The government now concedes that the defendant was entitled to representation by an attorney and moves to remand this case to the district court for resentencing. The defendant opposes the government's motion, noting that there are other issues raised on appeal that he seeks to have addressed without further delay.

2

Because the defendant was entitled to the assistance of counsel on remand, his sentence must be vacated. Vacation of the sentence renders the remaining issues moot. If appropriate, the other issues may be raised with the district court on remand.

3

It is ORDERED that the motion for remand be granted.