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U.S. v. KIMES

No. 00-5144.

246 F.3d 800 (2001)

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

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 13, 2001.

Attorney(s) appearing for the Case

ARGUED: Nikki C. Pierce, FEDERAL DEFENDER SERVICES OF EASTERN TENNESSEE, Greeneville, Tennessee, for Appellant.

Sarah R. Shults (argued and briefed), ASSISTANT UNITED STATES ATTORNEY, Greeneville, Tennessee, for Appellee.

ON BRIEF: Nikki C. Pierce (on brief), Federal Community Defender, FEDERAL DEFENDER SERVICES OF EASTERN TENNESSEE, Greeneville, Tennessee, for Appellant.

Sarah R. Shults, ASSISTANT UNITED STATES ATTORNEY, Greeneville, Tennessee, for Appellee.

Before MERRITT, NELSON, and BATCHELDER, Circuit Judges.

Pursuant to Sixth Circuit Rule 206

NELSON, J., delivered the opinion of the court, in which BATCHELDER, J., joined. MERRITT, J. (pp. 810-11), delivered a separate dissenting opinion.

OPINION

DAVID A. NELSON, Circuit Judge.

This is an appeal from criminal convictions for an assault on officers of the Department of Veterans Affairs (a violation of 18 U.S.C. § 111(a)(1)) and possession on V.A. property of a knife with a blade length exceeding...

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