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U.S. v. SIMS

No. 11-2331.

708 F.3d 832 (2013)

UNITED STATES of America, Plaintiff-Appellant, v. Timothy Thomas SIMS, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 28, 2013.

Attorney(s) appearing for the Case

ARGUED: Mark A. Totten , United States Attorney's Office, Grand Rapids, Michigan, for Appellant. Jeffrey J. O'Hara , Grand Rapids, Michigan, for Appellee. ON BRIEF: Mark A. Totten , Daniel Y. Mekaru , United States Attorney's Office, Grand Rapids, Michigan, for Appellant. Jeffrey J. O'Hara , Grand Rapids, Michigan, for Appellee.

KETHLEDGE, J., delivered the opinion of the court, in which LUDINGTON, D.J., joined. WHITE, J. (pgs. 836-37), delivered a separate dissenting opinion.

OPINION

KETHLEDGE, Circuit Judge.

In October 2011, Timothy Sims was set to go to trial on charges that he possessed child pornography in violation of 18 U.S.C. § 2252(a)(4)(B) and (b)(2), and that he attempted to produce child pornography in violation of 18 U.S.C. § 2251(a) and (e). Four days before trial, however, Sims pled guilty to the possession charges. The district court then entered an order excluding evidence of Sims's possession of child...

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