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Federal Judiciary

Sixth Circuit Blog

Case summaries and commentary by Federal Defenders of the Sixth Circuit.

Post Frequency: 2/day

Last Entry: November 02, 2020 at 09:14:00

Summaries: May 13 to 17 and Medicaid Fraud, Evidentiary Issues

Posted on May 21, 2010
Our AFPDs offer these summaries for May 13 to 17.JAMES THOMASDirect AppealPublishedhttp://www.ca6.uscourts.gov/opinions.pdf/10a0133p-06.pdfDefendant appealed the denial of his motion to suppress and the sentence he received. The Court affirmed the suppression decision and denied any sentencing appeal as having been waived by the plea agreement...

Civil Commitment Statute OK Under N and P Clause

Posted on May 18, 2010
The Supreme Court ruled in United States v. Comstock, No. 08--1224 (May 17, 2010), yesterday.Justice Breyer delivered the opinion of the Court, in which Chief Justice Roberts and Justices Stevens, Ginsburg, and Sotomayor joined. Justices Kennedy and Alito concurred...

More Catch Up: May 12

Posted on May 17, 2010
Here are our AFPDs' summaries from May 12. Sorry again for the lack of posting. You'll also be hearing from me soon on recent S Ct decisions. Things are moving. . . .(This picture does not relate to these cases, but I thought it was cute!)RAYMOND SAVOYDirect appeal of partial denial of motion to return propertyPublishedhttp://www...

I'm a Bit Behind---May 3 to 11

Posted on May 17, 2010
Sorry. I got a little behind in my posts, but here are our AFPDs' recent summaries. RANDE H. LAZARDirect appeal of grant of motion to suppressPublishedhttp://www.ca6.uscourts.gov/opinions.pdf/10a0123p-06.pdfAppeal from an order granting defendant?s motion to suppress evidence, which had been seized from two medical offices...

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6th Cir. Judicial Conference Recap

Posted on May 17, 2010
The 6th Cir Conference (May 4 to 7) was excellent. The speakers were fantastic and included too many leading jurists to list. It was a fantastic event and I look forward to the next.One break-out session I must mention was the session on revisiting old convictions in light of new technology...

6th Circuit Conference

Posted on April 29, 2010
Hope to see you all next week at the conference!!!

Summaries for Yesterday---Hot Sound of Good Crime-of-Violence and Gun-and-Drug News

Posted on April 29, 2010
Good news on the crime-of-violence front kicks off yesterday's summary. Then we get good news on foreseeability of a gun in a drug conspiracy. Thanks to our AFPDs for their time putting this summary together!EDWARD EVANS Direct AppealUnpublishedhttp://www...

Today and Yesterday's Summaries

Posted on April 15, 2010
I apologize for the break in posting summaries. Things got really hectic. But here we go again. Thanks to the AFPDs for their summaries!MARK TAYLORDirect AppealPublishedhttp://www.ca6.uscourts.gov/opinions.pdf/10a0103p-06.pdfMotion to Suppress---Suppression Affirmed!Defendant apprehended on a state warrant; law enforcement officers then got permission from the female tenant of the apartment where defendant was found to search the premises...

New Website for GL Research

Posted on April 07, 2010
Sorry for the lack of posts. It's been REALLY busy. I will wrap up a large project soon and, I hope, be back to posting. Soon, I hope. ;)Meanwhile, here's a link to a new resource for guideline research. http://www.src-project.org/The site includes a collection of documents that can be used to trace the history of a GL...

Today's Summary---Crim Hist Points

Posted on March 22, 2010
Today's summary from our AFPDs:?RONALD ANDERSONDirect AppealUnpublishedhttp://www.ca6.uscourts.gov/opinions.pdf/10a0176n-06.pdfDefendant sought reversal of his sentence for violations of 18 U.S.C. �� 922(g) and 924(c) on the grounds that he was erroneously assessed one extra criminal history point at sentencing for an aggravated assault conviction that he had incurred while he was a juvenile...

Today's Summary---DNA and Speedy (or Not) Trial

Posted on March 19, 2010
Some interesting movement today in the Circuit. Thanks, as always, to our AFPDs for their summaries. LARRY J. COCCIADirect appeal of SRV case. Published.http://www.ca6.uscourts.gov/opinions.pdf/10a0077p-06.pdfThe Circuit Court affirmed the district court?s finding of a violation despite never making such a finding on the record...

Interesting Civil Case re Alleged CP and Retaliation

Posted on March 19, 2010
Miller v. Mitchell, No. 09--2144 (3d Cir. Mar. 17, 2010) (published).Kids had pics on cell phones at school: minors in bathing suits, bras, towels, etc. District attorney gave them a choice: either complete an "education program" or face felony charges...

BIG 924(c) Victory!!!

Posted on March 10, 2010
Today wasn't going that well . . . . But United States v. Almany, No. 08--6027 (6th Cir. Mar. 10, 2010) (published), has put a silver lining in the cloud. Panel of Judges Merritt, Martin, and Cole.Defendant pleaded guilty to cocaine charges and possession of a firearm in furtherance of drug trafficking...

Today's Summary---More Standard of Review

Posted on March 08, 2010
OK, looks like our AFPDs have just one case summary today.PATRICK J. HARRINGTONUnpublished http://www.ca6.uscourts.gov/opinions.pdf/10a0141n-06.pdfThe Defendant challenged his 120-month sentence for conspiracy to defraud and false statements to a grand jury as part of a SBA scam...

Just a Couple

Posted on March 05, 2010
Two summaries today. Have a great weekend!JESSE RONDALE BAILEYUnpublishedhttp://www.ca6.uscourts.gov/opinions.pdf/10a0140n-06.pdfIn a very short opinion, the Court accepted the findings of the District Court as to the Defendant?s motion for acquittal/new trial and affirmed the District Court?s ruling denying both...

Can't Quite Catch Up

Posted on March 03, 2010
I'm running short on time, so I'm just going to start posting the current summaries from our AFPDs. Here's today's summary. Enjoy!CHRIS CHRISTMANPublishedhttp://www.ca6.uscourts.gov/opinions.pdf/10a0061p-06.pdfCourt ruled in this published opinion that a district court may consider whether a defendant has established ?exceptional circumstances? for release on bond under 18 U...

I was at a conference last week

Posted on March 01, 2010
I was at a conference last week and have some great info to post regarding discovery and other hot topics. But let me try to catch up with our AFPDs' posts. They kept right on summarizing while I was gone.Feb. 19:LORD SHAWN RUSSELLPublishedhttp://www...

Last Week

Posted on March 01, 2010
As I said in the post below, I've been at a conference. I am, however, trying to catch up on posting our AFPDs' summaries, which kept coming while I was gone. Here are summaries from the 22nd.There are three cases. One was published; two are unpublished...

Super-Sized Summary

Posted on February 19, 2010
Our AFPDs once again offer the following fare!February 16, 17, 18 at the Circuit. Lots to cover, so only quick summaries.Almost two dozen criminal (or criminally related) cases decided.Sixteen direct appeals, four habeas, one forfeiture, and one civil v...

Quick Summary---Delivered Fresh for You

Posted on February 16, 2010
Here's our office's quick summary of Feb. 12 cases:JERRY MORRISONhttp://www.ca6.uscourts.gov/opinions.pdf/10a0034p-06.pdfPUBLISHEDThe Court affirmed the defendant?s conviction, finding that the government had proven ?possession.? But also finds that:* The government?s proofs in this case were pretty spare...

404(b) Whee!!!!!

Posted on February 12, 2010
OK, corny title, but good result here.United States v. Jenkins, No. 08?5203 (6th Cir. Feb. 9, 2010) (published). Judges Griffin, Kethledge, and Carr (N.D. Ohio). "Sometimes the prosecution should be careful what it asks for." The panel begins with a bang in this appeal of a drugs-and-guns trial...

Quick Summary of Day

Posted on February 11, 2010
AFPDs in our office are going to try to offer regular summaries of a day's opinions. We encourage everyone to check the opinions out---these summaries are really short and limited and do not cover all of the key points. They are offered only as a quick overview of recent decisions...

Beautiful Day for Us in Michigan

Posted on February 10, 2010
If you are in Michigan, be happy. Yes, we're covered in snow, but running from the police while handcuffed is NOT a crime of violence!!!In United States v. Love, No. 08--2164 (6th Cir. Feb. 10, 2010), Judges Ryan, Cole, and Clay continued the Mosley reasoning from 2009...

924(c)---Cert Pet Granted

Posted on January 29, 2010
Gould v. U.S., No. 09--7073 (2010)Lower Ct: 329 F. App`x 569Consolidated with Abbott (below)Granted 1/25/2010Question Presented:Did the Fifth Circuit correctly hold, in direct conflict with the Second Circuit (but in accord with several other circuits), that the mandatory minimum sentence provided by 18 U...

Career Offender

Posted on January 21, 2010
January 19, 2010, the Supreme Court GVR'ed in Vazquez v. United States, No. 09?5370, 2010 U.S. LEXIS 736 (2010). The Court remanded because the government?s position on the matter required reconsideration by the Court of Appeals. The Eleventh Circuit had held that the career offender guideline is distinguishable from the cocaine guideline and that this distinction gave the former guideline additional weight...

Shame on Whom?

Posted on January 15, 2010
Shaming sentences . . . shame on the offender or shame on society for imposing such sentences? This post is just a quick bit of musing. Recently on the Sentencing Law and Policy Blog by Professor Berman, there was a post regarding a shaming sentence in Florida...

Must Read---Standard of Review and Crack

Posted on January 08, 2010
Ok, not a lot of time to dissect this opinion here, but in United States v. Simmons, 587 F.3d 348 (6th Cir. 2009), released November 23, 2009, the panel of Judges Boggs, Clay, and Bertelsman (E.D. Ky.) considered standard-of-review issues and the substantive reasonableness of crack sentences based on the 100:1 ratio...

S Ct Issue to Preserve---Crack

Posted on December 29, 2009
Supreme Court has granted cert in Dillon v. United States, No. 09?6338 (U.S. 2009). Appellate court decision: 572 F.3d 146 (3rd Cir. 2009)Cert granted on 12/7/2009Issues:I. Whether the Guidelines are binding when a district court imposes a new sentence under 18 U...

Seriously, a Turkish Prison.

Posted on December 16, 2009
This sentence comprises Footnote One of a piece of legal prose that is totally worth a read! Judge Boyce F. Martin, Jr., dissents from a denial of rehearing in Parlak v. Holder, No. 05?4488 (6th Cir. Nov. 24, 2009). This published order and dissent in an immigration case do not bear much on federal criminal law, but take a break and check it out...

A New Wave Washes Over Appellate Waivers and Related Cases

Posted on December 04, 2009
Interesting decision yesterday in United States v. Atkinson, No. 07?2144 (6th Cir. Dec. 3, 2009). It is unpublished, but it is worth a look. Panel of Judges Guy, Clay, and White. Background:* Defendant caught with drugs and gun.* Charged with being a felon in possession, possession with an intent to distribute crack, and a � 924(c)...

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