COOK, J., delivered the opinion of the court, in which BOGGS, C.J., BATCHELDER, GILMAN, GIBBONS, ROGERS, SUTTON, McKEAGUE, and GRIFFIN, JJ., joined. MERRITT, J. (pp. *382 386-97), delivered a separate dissenting-opinion, in which MARTIN, DAUGHTREY, MOORE, COLE, and CLAY, JJ., joined. OPINION COOK, Circuit Judge. This is a sentencing…
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