United States of America v. Jesse Rondale Bailey

08-6434Court of Appeals for the Sixth CircuitMar 4, 2010

Full text

Honorable Dan Aaron Polster, United States District Judge for the Northern District of Ohio,*
sitting by designation.
NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 10a0140n.06
No. 08-6434
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
JESSE RONDALE BAILEY,
Defendant-Appellant.
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ON APPEAL FROM THE
UNITED STATES DISTRICT
COURT FOR THE EASTERN
DISTRICT OF TENNESSEE
BEFORE: CLAY and McKEAGUE, Circuit Judges; POLSTER, District Court Judge.*
Per Curiam. On August 15, 2007, a jury convicted Jesse Bailey on multiple counts of
distributing and conspiring to distribute cocaine. Following his conviction, Bailey moved the district
court for a Judgment of Acquittal as to Count 1 of the superceding indictment, and, in the alternative,
for a New Trial. On July 1, 2007, District Judge Thomas W. Phillips issued an order and
memorandum in part denying both motions. Bailey now appeals.
Having duly considered the arguments and the record, we find Bailey’s appeal to be
meritless. Bailey’s arguments were fairly and adequately addressed in Judge Phillips’ July 1, 2007
memorandum. Indeed, large sections of Bailey’s brief are copied verbatim from his original motion,
such that Judge Phillips was presented with – and was able to address in a thorough and competent
fashion – the same arguments Bailey now makes on appeal. Because the issuance of a full opinion

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No. 08-6495
William Davis v. City of Murfreesboro
- 2 -
would serve no jurisprudential purpose and would be duplicative, we AFFIRM on the basis of the
district court’s memorandum the denial of Bailey’s motions for a judgment of acquittal and for a new
trial.

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