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U.S. v. THOMAS

No. 06-1290.

498 F.3d 336 (2007)

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

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 10, 2007.

Attorney(s) appearing for the Case

ARGUED: Gary W. Crim, Dayton, Ohio, for Appellant. Julie Ann Woods, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee. ON BRIEF: Gary W. Crim, Dayton, Ohio, for Appellant. Julie Ann Woods, Andrew Byerly Birge, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.

Before: MOORE and GILMAN, Circuit Judges; FORESTER, District Judge.

MOORE, J., delivered the opinion of the court, in which GILMAN, J., joined. FORESTER, D.J. (pp. 341-44), delivered a separate dissenting opinion.

OPINION

KAREN NELSON MOORE, Circuit Judge.

Defendant-Appellant Kenneth Roy Thomas ("Thomas") was convicted by a jury on one count of bank robbery. After a prior appeal and remand for resentencing, Thomas now appeals his sentence of 240 months in prison, five years of supervised release, a $4,500 fine, and...

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