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U.S. v. KIMSEY

No. 10-16800.

668 F.3d 691 (2012)

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

United States Court of Appeals, Ninth Circuit.

Filed February 8, 2012.

Attorney(s) appearing for the Case

Daniel G. Bogden , United States Attorney, Robert L. Ellman , Appellate Chief, District of Nevada, Peter S. Levitt (argued), Assistant United States Attorney, Las Vegas, NV, for plaintiff-appellee United States of America.

Franny A. Forsman (argued), Federal Public Defender, Las Vegas, NV, for defendant-appellant James Kimsey.

Before: MARSHA S. BERZON and JAY S. BYBEE, Circuit Judges, and JAMES L. GRAHAM, Senior District Judge.

OPINION

BERZON, Circuit Judge:

James Edward Kimsey ("Kimsey") has in the past engaged in the unauthorized practice of law as well as other dishonest activities involving the legal system. Alluding to his recent exploits, the government characterized Kimsey as a charlatan. Whether that is so or not, our legal system does not punish people simply because they have been proven unscrupulous in the past and are continuing to engage in dubious activities. That...

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