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U.S. v. FRECHETTE

No. 08-2191.

583 F.3d 374 (2009)

UNITED STATES of America, Plaintiff-Appellant, v. Douglas FRECHETTE, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 8, 2009.

Attorney(s) appearing for the Case

ARGUED: Nils R. Kessler, Assistant United States Attorney, Grand Rapids, Michigan, for Appellant. Helen C. Nieuwenhuis, Nieuwenhuis Law Offices, P.C., Grand Rapids, Michigan, for Appellee. ON BRIEF: Nils R. Kessler, Assistant United States Attorney, Grand Rapids, Michigan, for Appellant. Helen C. Nieuwenhuis, Nieuwenhuis Law Offices, P.C., Grand Rapids, Michigan, for Appellee.

THAPAR, D. J., delivered the opinion of the court, in which ROGERS, J., joined. MOORE, J. (pp. 381-84), delivered a separate dissenting opinion.

OPINION

THAPAR, District Judge.

The issue in this case is whether it is probable that someone who pays approximately $80 for a subscription to a web site is likely to use that subscription. Because we hold that it is probable, we REVERSE the district court and REMAND this case.

I.

The facts in this case are undisputed. On April 3, 2008, Agent Craig Smith of the Bureau of Immigration and Customs Enforcement ("ICE") presented an affidavit...

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