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U.S. v. WALLI

Nos. 14-5220, 14-5221, 14-5222.

785 F.3d 1080 (2015)

UNITED STATES of America, Plaintiff-Appellee, v. Michael R. WALLI; Megan Rice; Greg Boertje-Obed, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 8, 2015.

Attorney(s) appearing for the Case

ARGUED: Marc R. Shapiro , Orrick, Herrington & Sutcliffe, LLP, New York, New York, for Appellants. Jeffrey E. Theodore , United States Attorney's Office, Knoxville, Tennessee, for Appellee. ON BRIEF: Marc R. Shapiro , Orrick, Herrington & Sutcliffe, LLP, New York, New York, Thomas S. McConville , Orrick, Herrington & Sutcliffe LLP, Irvine, California, Andrew S. Ong , Orrick, Herrington & Sutcliffe LLP, Menlo Park, California, Anne Elkins Murray , Orrick, Herrington & Sutcliffe LLP, Washington, D.C., Anna Lise Lellelid-Douffet , Covington, Louisiana, Judy Kwan , Orrick, Herrington & Sutcliffe LLP, Los Angeles, California, William Patrick Quigley , New Orleans, Louisiana, for Appellants. Jeffrey E. Theodore , United States Attorney's Office, Knoxville, Tennessee, for Appellee.

KETHLEDGE, J., delivered the opinion of the court in which, HELMICK, D.J., joined. BOGGS, J. (pp. 1089-91), delivered a separate dissenting opinion.

OPINION

In the dark of night on July 28, 2012, in Oak Ridge, Tennessee, an 82 year-old nun and two Army veterans, ages 57 and 63, cut their way through four layers of fences and reached a building where the Department of Energy stores enriched uranium. There the...

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