USA v. Timothy Sim

Filing

OPINION and JUDGMENT filed : The judgment of the district court to exclude all evidence related to Sims's possession of child pornography is VACATED, and the case REMANDED for further proceedings. Decision for publication. Raymond M. Kethledge (AUTHORING) and Helene N. White (DISSENTING), Circuit Judges; and Thomas L. Ludington, U.S. District Judge for the Eastern District of Michigan, sitting by designation.

Case: 11-2331

Document: 006111605969

Filed: 02/28/2013

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT

FILED

No. 11-2331

Feb 28, 2013
DEBORAH S. HUNT, Clerk

UNITED STATES OF AMERICA,
Plaintiff - Appellant,
v.
TIMOTHY THOMAS SIMS,
Defendant - Appellee.

Before: KETHLEDGE and WHITE, Circuit Judges; LUDINGTON, District Judge.
JUDGMENT
On Appeal from the United States District Court
for the Western District of Michigan at Grand Rapids.
THIS CAUSE was heard on the record from the district court and was argued by counsel.
IN CONSIDERATION WHEREOF, it is ORDERED that the judgment of the district
court to exclude all evidence related to Sims’s possession of child pornography is VACATED,
and the case REMANDED for further proceedings consistent with the opinion of this court.
ENTERED BY ORDER OF THE COURT

Deborah S. Hunt, Clerk