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U.S. v. GILMORE

No. 17-10142, No. 17-10149.

886 F.3d 1288 (2018)

UNITED STATES of America, Plaintiff-Appellee, v. Russell Eugene GILMORE, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Richard David Hemsley, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 5, 2018.

Attorney(s) appearing for the Case

Sean Riordan (argued) and Ann C. McClintock , Assistant Federal Defenders; Heather E. Williams , Federal Defender; Office of the Federal Public Defender, Sacramento, California, for Defendant-Appellant Russell Eugene Gilmore.

Sandra Gillies (argued), Woodland, California, for Defendant-Appellant Richard David Hemsley.

Gregory T. Broderick (argued) and Samuel Wong , Assistant United States Attorneys; Camil A. Skipper , Appellate Chief; United States Attorney's Office, Sacramento, California; for Plaintiff-Appellee.

Before: Richard A. Paez and Sandra S. Ikuta, Circuit Judges, and Lynn S. Adelman, District Judge.

OPINION

Congress has barred the Department of Justice from using appropriated funds "to prevent [certain States, including California] from implementing their own State laws that authorize the use, distribution, possession, or cultivation of medical marijuana."...

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