USA v. Timothy Sim


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.

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Case: 11-2331 Document: 006111605970 Filed: 02/28/2013 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT 100 EAST FIFTH STREET, ROOM 540 POTTER STEWART U.S. COURTHOUSE CINCINNATI, OHIO 45202-3988 Deborah S. Hunt Clerk Tel. (513) 564-7000 Filed: February 28, 2013 Mr. Jeffrey J. O'Hara 161 Ottawa Avenue, N.W. Suite 303 Waters Building Grand Rapids, MI 49503 Mr. Daniel Y. Mekaru Mr. Mark A. Totten U.S. Attorney's Office P.O. Box 208 Grand Rapids, MI 49501 Re: Case No. 11-2331, USA v. Timothy Sims Originating Case No. : 1:11-cr-37-1 Dear Counsel, The court today announced its decision in the above-styled case. Enclosed is a copy of the court's opinion together with the judgment which has been entered in conformity with Rule 36, Federal Rules of Appellate Procedure. Yours very truly, Deborah S. Hunt, Clerk Cathryn Lovely Deputy Clerk cc: Ms. Tracey Cordes Enclosures Mandate to issue.

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