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U.S. v. PEREZ-JIMINEZ

No. 10-1322.

654 F.3d 1136 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Odalis PEREZ-JIMINEZ, a/k/a Perez Odalis, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 19, 2011.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Raymond P. Moore , Federal Public Defender, John T. Carlson , Assistant Federal Public Defender, and David E. Johnson , Research and Writing Specialist, Office of the Federal Public Defender, District of Colorado, Denver, CO, for Defendant-Appellant.

John F. Walsh , United States Attorney, and Paul Farley , Assistant United States Attorney, District of Colorado, Denver, CO, for Plaintiff-Appellee.

Before KELLY, SEYMOUR, and HOLMES, Circuit Judges.

JEROME A. HOLMES, Circuit Judge.

Bureau of Prisons officers searched Defendant-Appellant Odalis Perez-Jiminez's person and cell at the Federal Correctional Institution in Florence, Colorado. In his pockets, they found two shanks — homemade, sharpened metal knives — each of which was approximately five-and-a-half inches long and sharpened to a point.

Mr. Perez-Jiminez was indicted on one count of possession...

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