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U.S. v. THOMAS

No. 08-5239.

605 F.3d 300 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. James THOMAS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 13, 2010.

Attorney(s) appearing for the Case

ARGUED: Mark C. Scruggs, Sr., Johnson, Scruggs & Barfield, Nashville, Tennessee, for Appellant. Blanche B. Cook, Assistant United States Attorney, Nashville, Tennessee, for Appellee. ON BRIEF: Mark C. Scruggs, Sr., Johnson, Scruggs & Barfield, Nashville, Tennessee, for Appellant. Blanche B. Cook, Assistant United States Attorney, Nashville, Tennessee, for Appellee.

KENNEDY, J., delivered the opinion of the court, in which WHITE, J., joined. MOORE, J. (pp. 314-19), delivered a separate opinion dissenting in part and concurring in part.

OPINION

KENNEDY, Circuit Judge.

Defendant-Appellant James Thomas pleaded guilty under a conditional plea agreement to one count of manufacturing 100 or more marijuana plants and one count of possession with intent to distribute a detectable amount of marijuana, in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. Thomas now exercises a right he reserved under the plea agreement by appealing the district court's denial of his motion to suppress...

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