USA v. David Zobel


OPINION and JUDGMENT filed: The condition barring Zobel from viewing, listening to, or possessing anything that is "sexually suggestive" is VACATED, the case is REMANDED to the district court for further proceedings. The judgment of the district court in all other respects is AFFIRMED. Decision for publication pursuant to local rule 206. Karen Nelson Moore (DISSENTING), Julia Smith Gibbons (AUTHORING), and Arthur L. Alarcon, Circuit Judges. The Honorable Arthur L. Alarcon, Senior Circuit Judge for the United States Court of Appeals for the Ninth Circuit, sitting by designation.

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Case: 11-3341 Document: 006111461568 Filed: 10/11/2012 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: October 11, 2012 Ms. Sandra J. Finucane 711 Waybaugh Drive Gahanna, OH 43230 Mr. Brent G. Tabacchi U.S. Attorney's Office 200 W. Second Street, Suite 602 Dayton, OH 45402 Re: Case No. 11-3341, USA v. David Zobel Originating Case No. : 3:09-cr-128-1 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: Clerk of the U.S. District Court for the Southern District of Ohio Enclosures Mandate to issue.

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