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Sixth Circuit Blog

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

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

Obstructions Hanging from Rearview Mirrors

Posted on December 06, 2010
Remember the controversy that went around in '08 and '09 over the Tweety Bird air freshener and the traffic stop based on this dangling air freshener hanging from a fellow's rearview mirror? Originally, the 6th Circuit found that Michigan's M.C.L. 257...

Crime-of-Violence and Scope-of-Remand Analysis

Posted on November 29, 2010
United States v. Gibbs, 09-2031 (6th Cir. Nov. 24, 2010) (to be published). Panel of Judges Guy, Griffin, and Barzilay (U.S. Ct. Int'l Trade).D convicted of being a felon in possession. Originally sentenced in June 2006 to 108 months. D appealed, arguing his sentence should have been concurrent with state prison term...

4th Am and Tech: Interesting Post

Posted on November 29, 2010
Everyone should check out this post by Steve Sady, Chief Deputy Federal Public Defender, Portland, OR, on the 9th Cir. blog. Mr. Sady discusses the evolving area of technology and 4th Amendment jurisprudence. Electronic surveillance, cell-site data, e-mail monitoring, and other forms of technological intrusions into privacy are critical, cutting-edge topics we need to be aware of and ready to address...

Pepper in the Pot and Double Jeopardy

Posted on November 19, 2010
While this fellow to the right appears to be making pancakes, the COA was using Pepper in its cooking. In United States v. Vicol, No. 08--2547 (6th Cir. Nov. 19, 2010) (unpublished), the panel of Judges Martin, McKeague, and Ludington (E.D. Mich.), did not resolve for the 6th Cir...

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Chock Full of Interesting Conclusions

Posted on November 19, 2010
Looking for an opinion chock full of juvenile adjudication, separate sentence, career offender, crack ratio, and precedential value conclusions? Look no further! Yesterday, the panel of Judges Martin, Cole, and Clay decided United States v. Curb, No. 07--5286 (6th Cir...

A strong warning from the Court: make sure you file your motions even if you think a plea may occur

Posted on November 17, 2010
Today the Court issued a decision in United States v. Walden. 10a0354p.06 The defendant (and defense counsel) in Walden were pursuing a plea agreement, and as a result, let a motions deadline pass. The defendant did plea, however, when things did not go as planned, he withdrew his plea...

A sad day. . . .

Posted on November 15, 2010
Still reviewing opinion, but here's what I understand has gone down in Abbott and Gould regarding the ?except? clause of 18 U.S.C. � 924(c).Unanimous decision (Justice Kagan did not participate). Docket No. 09--479 (Abbott was consolidated with Gould)...

What was that guideline range?

Posted on November 04, 2010
United States v. Peebles, No. 09--1986 (6th Cir. Nov. 4, 2010) (published) (panel of Judges Martin, McKeague, Ludington [of E.D. Mich.]). As condition of supervised release, defendant was not allowed to have contact with other felons. Had romantic relationship with another felon...

Civil Commitment for Sex Offenders

Posted on October 28, 2010
Interesting, though old now, post on Sex Crimes blog regarding civil commitment.http://www.sexcrimes.typepad.com/It's from Aug. 30, 2010, and cites a New York Times series discussing the effectiveness (or lack thereof) of civil commitment. It's definitely "take it with a grain of salt" stuff for various reasons, but it's interesting background material.

ACCA Footnote that Sheds New Light on Juvenile Adjudications

Posted on October 28, 2010
An interesting, unpublished decision came out on October 18, 2010, dealing with prior juvenile adjudications and the ACCA. In United States v. Laferriere, No. 09--1369 (6th Cir. Oct. 18, 2010), the panel of Judges Kennedy, Rogers, and Kethledge addressed the Shepard inquiry as it relates to juvenile adjudications...

CDAM Conference

Posted on October 27, 2010
For the Michigan attorneys out there....Just a friendly reminder that the Criminal Defense Attorneys of Michigan (CDAM) Advanced Criminal Defense Practice Conference is November 11 to 13 in Traverse City. The entire conference should be quite informative...

Cert Grants and Issues to Preserve

Posted on October 25, 2010
Just a quick note on some issues to look for and recent grants of cert.Sykes v. United States, 09--11311 (Sept. 28, 2010): Does fleeing police in a vehicle (under the Indiana fleeing-and-eluding statute) constitute a violent felony for ACCA purposes? The Seventh Circuit held that fleeing police in a vehicle in violation of the Indiana statute was sufficiently similar to the ACCA's enumerated offenses to counts as a violent felony...

Michigan court decisions citing Rule 6.508 do not constitute a "reasoned" decision

Posted on October 22, 2010
In an en banc decision, 10a0333p.06 , the Court held that when Michigan courts issue a decision citing to their Rule 6.508(D), this does not constitute a reasoned decision to uphold a procedural bar to habeas relief. The court reviewed the way that Michigan courts utilized the rule, and found ample precedent that such summary orders were used both for decisions on the merits, as well as procedural decisions...

Social Media

Posted on October 21, 2010
Social media is becoming more and more of an issue for us and our clients. There are those advocating use of it for sentencing purposes, but in many ways, it seems that social media is more likely to hurt our clients than help. It seems prudent to advise clients not to blog or post anything on-line...

Suppression Decision Worth a Read---Evidence Suppressed

Posted on October 14, 2010
United States v. Domenech, Nos. 08--1220 & 1221 (6th Cir. Oct. 7, 2010) (published). Judges Cook and Griffin in majority. Judge Norris dissented. The defendants, two brothers, appealed their convictions for multiple firearm and drug offenses. Court found the brothers' legitimate expectation of privacy entitled them to suppression of certain inculpating evidence and reversed the trial court's denial of the defendant's motion to suppress...

Yikes! Extremely Sad Story of "Justice"

Posted on October 14, 2010
Wilson v. Rees, No. 09--6306 (6th Cir. Oct. 14, 2010). Petition for rehearing en banc denied, but Judge Martin offers a chilling dissent. He writes "to highlight this particularly ugly example of why 'the death penalty in this country is arbitrary, biased, and so fundamentally flawed at its very core that it is beyond repair...

When does an informant become an agent?

Posted on October 05, 2010
Today, the Court issued a very helpful opinion in the case of Ayers v. Hudson. 10a0324p.06 The defendant in Ayers was charged with murder, and detained prior to trial. As so happens with many cases, he allegedly confessed to another inmate, who promptly cooperated with authorities against the defendant...

New Crack Amendments DO NOT apply to pending cases

Posted on October 01, 2010
This may be old news to most of you at this point, but because it bears posting on this blog (and because I was out of town last week), here is the rundown on the Sixth Circuit's FSA decision.In United States v. Carradine, 10a0305p.06 , issued on September 20, 2010, the Court determined that the Fair Sentencing Act of 2010, which was enacted on August 3, 2010 lowering crack cocaine mandatory penalties, only applied to those defendants whose conduct occurred after the date of enactment...

Interesting case on drug calculations

Posted on September 17, 2010
In an unpublished decision rendered on September 14, 2010, (United States v. Daniels, 10a0610n.06), the court has remanded a case for resentencing where the district court failed to make sufficient findings of fact to support a drug weight calculation...

This Just In!!!!! Sixth Circuit finds police CANNOT enter private residence without permission or probable cause!!!

Posted on September 07, 2010
On September 2, 2010, the Court found suppressible evidence obtained where police officers, without a warrant, probable cause, or permission entered a private building by kicking in the back door. In United States v. Kimber, 10a0583n.06, officers, on routine patrol, came upon a private apartment building, which they knew in general was a "hot spot" for criminal activity...

The day the Fourth Amendment Died

Posted on August 31, 2010
As Don McLean might say: "But february made me shiver With every paper I?d deliver.Bad news on the doorstep; I couldn?t take one more step. I can?t remember if I cried When I read about the decision inside, But something touched me deep inside The day the Fourth Amendment died...

No Title to Capture Truly Deplorable and Heinous Facts

Posted on August 27, 2010
Trying to catch up with our AFPDs' summaries. This case is truly horrible. Defendants were guards at a detention center. Interesting discussion of plain error, Apprendi, and other issues.WESLEY LANHAM (08-6504; 09-5094);SHAWN FREEMAN (08-6506; 09-5095),Direct AppealPublishedhttp://www...

The Old Corpus Delicti Rule

Posted on August 27, 2010
Thanks goes to our AFPD summarizers for their summaries. There have been a number of cases, and I'm not keeping up, but I'll try to get more up here!DAVID E. BROWNDirect Appeal Publishedhttp://www.ca6.uscourts.gov/opinions.pdf/10a0258p-06.pdfJury convicted defendant of being a felon in possession of a firearm...

A blip or a storm?

Posted on August 24, 2010
Yesterday, the Court issued a published decision in the case of Cvijetinovic v. Eberlin. Case No. 08-3629 http://www.ca6.uscourts.gov/opinions.pdf/10a0256p-06.pdfThe holding of the case is somewhat unremarkable (counsel not ineffective for failing to anticipate Blakely and state court precedent applying Apprendi); however, the dicta regarding the futility doctrine bears review...

Acceptance Issue

Posted on August 24, 2010
An AFPD in our office offers this summary of a denial-of-acceptance case.GLENN LEE BACONDirect AppealPublishedhttp://www.ca6.uscourts.gov/opinions.pdf/10a0252p-06.pdfDefendant pleaded guilty to one count of bank fraud. The plea agreement provided that the government would not oppose the defendant's request for a reduction for acceptance of responsibility, but the presentence report recommended only "reservedly" that he receive the reduction...

Troubling Decision on Jurisdiction

Posted on August 23, 2010
An AFPD in our office offers this summary and analysis. ANTHONY BOWERSCrack Re-sentencing and Rule 35 Denial CombinedPublishedhttp://www.ca6.uscourts.gov/opinions.pdf/10a0243p-06.pdfThe panel (Judges Boggs and Gilman and Chief District Judge McCalla) ruled that it had no jurisdiction to consider an appeal from the trial court?s denial of relief to the defendant under either the crack amendment or the Rule 35 request...

Court grants habeas relief on Miranda violation

Posted on August 20, 2010
Today, the Court issued an opinion in Fields v. Howe, Case no. 09-1215, in which the Court upheld the granting of a habeas petition based upon a failure to provide Miranda warnings to an inmate in custody at a state facility.The defendant was a state inmate, incarcerated on charges unrelated to those under investigation...

3B1.1 and Leadership---Good Result

Posted on August 18, 2010
Caption: Are the big penguins in the foreground leaders for 3B1.1 purposes? (Sorry, I just thought they were cute.) United States v. Bathily, No. 08--2293 (6th Cir. Aug. 17, 2010) (unpublished).Panel of Chief Circuit Judge Batchelder, and Judges Moore and Cole...

ANOTHER 404(b) Victory - Conviction overturned

Posted on August 16, 2010
The Sixth Circuit has just released the case of United States v. Corsmier, in which the Court overturned the conviction, and remanded for a new trial, of an FPD client based upon the admission of improper 404(b) evidence. The defendant was charged with mortgage fraud type offenses...

Can I Get a Whoo Hoo for Two Search-&-Seizure Wins

Posted on August 06, 2010
A very helpful AFPD in our office offers you:Today, boys and girls, not one but TWO, count ?em, TWO, Motions to Suppress won by defendants and upheld on appeal. . . . THOMAS W. WILLIAMSGovernment AppealPublishedhttp://www.ca6.uscourts.gov/opinions.pdf/10a0234p-06...

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