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U.S. v. STONE

No. 10-1618.

608 F.3d 939 (2010)

UNITED STATES of America, Plaintiff-Appellant, v. David Brian STONE; Joshua Matthew Stone; Joshua John Clough; Michael David Meeks; Thomas William Piatek, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 22, 2010.

Attorney(s) appearing for the Case

ARGUED: Kathleen Moro Nesi, Assistant United States Attorney, Detroit, Michigan, for Appellant. Arthur Jay Weiss, Arthur J. Weiss & Associates, Farmington Hills, Michigan, James C. Thomas, Plunkett Cooney, Detroit, Michigan, Randall C. Roberts, Law Office, Ann Arbor, Michigan, William W. Swor, Law Offices, Detroit, Michigan, Mark A. Satawa, Kirsch & Satawa, P.C., Southfield, Michigan, for Appellees. ON BRIEF: Patricia Gaedeke, Assistant United States Attorney, Detroit, Michigan, for Appellant. Arthur Jay Weiss, Arthur J. Weiss & Associates, Farmington Hills, Michigan, James C. Thomas, Plunkett Cooney, Detroit, Michigan, Randall C. Roberts, Law Office, Ann Arbor, Michigan, William W. Swor, Law Offices, Detroit, Michigan, Mark A. Satawa, Kirsch & Satawa, P.C., Southfield, Michigan, for Appellees.

MARTIN, J., delivered the opinion of the court, in which KETHLEDGE, J., joined. WHITE, J. (pp. 954-55), delivered a separate opinion concurring in part and dissenting in part.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

The government appeals the district court's decision to release defendants David Stone, Sr., Joshua Stone, Joshua Clough, Michael Meeks, and Thomas Piatek on bail pending their trial for conspiracy to levy war against or to oppose by force the authority of the United States government and related offenses. For the reasons set forth below, we REVERSE the district court's decision and REMAND<...

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