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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

Crack and SCOTUS

Posted on August 02, 2010
Hopefully, everyone's heard that Congress passed the Fair Sentencing Act of 2010, reducing the crack--powder disparity. The bill is not retroactive. It raises the minimum quantity of crack that triggers the 5-year mandatory minimum from 5 grams to 28 grams; and for the 10-year mandatory minimum, it raises the quantity from 50 grams to 280 grams...

July 21---Amish Tobacco

Posted on July 28, 2010
Just catching up a little. :) Thanks, AFPDs, for your summaries!CHRISTOPHER SUTTON (08-6420) and RENNIE TURNER, (09-5049)Direct AppealsUnpublishedhttp://www.ca6.uscourts.gov/opinions.pdf/10a0447n-06.pdfDefendant Christopher L. Sutton appealed his conviction for conspiracy to structure currency transactions to avoid reporting requirements (in violation of 31 U...

July 21---No Suprise on CO Seeking Crack Reduction

Posted on July 28, 2010
JEFFREY L. BASSCrack resentencingUnpublishedhttp://www.ca6.uscourts.gov/opinions.pdf/10a0444n-06.pdfThe district court denied the defendant a reduction in sentence because he had been sentenced as a career offender. He was thus ineligible for a reduction...

Pre-Hearing Sentencing Opinion?

Posted on July 20, 2010
Here's what I've got for today. I want to thank this office's AFPDs for their analysis. I also want to thank the readers. We've gotten some good feedback lately, and that's really nice and we appreciate it! LASHAWN WILSONDirect AppealPublishedhttp://www...

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Good Fast-Track Issue

Posted on July 20, 2010
ISIDRO CAMACHO-ARELLANODirect AppealPublishedhttp://www.ca6.uscourts.gov/opinions.pdf/10a0206p-06.pdfThe defendant, a Mexican citizen, pleaded guilty to unlawful reentry into the United States after deportation and was sentenced to fifty-seven months of incarceration...

Restitution

Posted on July 20, 2010
MARTIN T.WILLIAMSDirect AppealPublishedhttp://www.ca6.uscourts.gov/opinions.pdf/10a0204p-06.pdfA jury convicted the defendant on five counts of fraudulently overbilling Medicare, Medicaid, and several private insurance companies as an employee of a psychiatric medical practice...

Nukes II

Posted on July 20, 2010
DAVID GEISENDirect AppealPublishedhttp://www.ca6.uscourts.gov/opinions.pdf/10a0203p-06.pdfCo-defendant of Siemaszko?s from the case below. Mostly similar issues with one additional evidentiary issue regarding the court?s exclusion of the defendant?s rejection of an immunity offer...

Nuclear Regs, False Statements, and Boric Acid Corrosion

Posted on July 20, 2010
ANDREW SIEMASZKODirect AppealPublishedhttp://www.ca6.uscourts.gov/opinions.pdf/10a0202p-06.pdfThe defendant appealed his conviction on three counts of concealing material facts and making false statements to the Nuclear Regulatory Commission (NRC) (in violation of 18 U...

Fraud

Posted on July 20, 2010
Thanks to our AFPDs here! Here's a fraud-case summary.MARK D. LAYDirect AppealPublishedhttp://www.ca6.uscourts.gov/opinions.pdf/10a0201p-06.pdfDefendant appealed his fraud convictions related to a hedge fund investment by the Ohio Bureau of Workers? Compensation...

New Posts

Posted on July 13, 2010
OK, I was trying to catch up on our AFPDs' summaries, but I don't have as much time as I thought. So, stay tuned and I'll try to get more up in the next few days. Below is just a start.Hope everyone's enjoying the summer!

July 2---Crack Resentencing

Posted on July 13, 2010
RASHEED J. SEWELLUnpublishedhttp://www.ca6.uscourts.gov/opinions.pdf/10a0398n-06.pdfDefendant appealed district court?s denial of his motion to reduce sentence under 18 U.S.C. � 3582(c)(2). Because the career-offender guidelines and not the crack-cocaine guidelines controlled the original sentence, the district court correctly concluded that the defendant was not eligible for a sentence reduction...

July 8---Confessions

Posted on July 13, 2010
VERNELL D.WILLIAMSDirect AppealPublishedhttp://www.ca6.uscourts.gov/opinions.pdf/10a0194p-06.pdfDefendant challenged his jury conviction for conspiracy to distribute cocaine. Court found claims "meritless" and affirmed.Defendant argued that his 2005 confession to state police was involuntary and should not have been admitted at his federal trial...

June 22 to 29: Summaries of Published Opinions

Posted on July 01, 2010
Here are our AFPDs' summaries from June 22 to June 29, 2010. (The pic is to bring to the blog the warmth of summer and the good times I hope we'll all enjoy this holiday weekend!)TONY DAVISState HabeasPublishedhttp://www.ca6.uscourts.gov/opinions.pdf/10a0183p-06...

Seventh Cir Issues Interesting SORNA Opinion---Commerce Clause Analysis

Posted on July 01, 2010
Today, the Seventh Circuit issued an opinion dealing with SORNA and the Commerce Clause. United States v. Vasquez, No. 09-2411 (7th Cir. July 1, 2010). Panel of Judges Bauer, Manion, and Tinder (Judge Manion dissented).Defendant appealed his conviction under SORNA, 18 U...

Formatting Issues

Posted on June 18, 2010
I apologize for the odd looking formatting that occasionally presents itself (e.g., the large text at the end of the Dillon post below). No matter what I do, the blog likes to throw in these bugs occasionally. I have tried to fix them, but I've struck out...

Disappointment in Dillon

Posted on June 17, 2010
The Supreme Court decided Dillon v. United States, No 09--6338 (June 17, 2010), today. Justice Sotomayor delivered the opinion of the Court. Justice Stevens was the lone dissent. Justice Alito took no part in the decision. Booker does not apply to make Section 1B1...

6th Cir Weighs in on 3582(c)(2) Circuit Split

Posted on June 16, 2010
Last Friday, the Sixth Circuit weighed in on an interesting circuit split over what constitutes the "applicable guideline range" in the crack-resentencing context.In United States v. Pembrook, No. 08--6452 (6th Cir. June 11, 2010) (to be published) (panel of Judges Boggs, Suhrheinrich, and Rogers), the Sixth Circuit joined the Eighth and Tenth Circuits in finding that the applicable guideline range at the original sentencing was the initial range, not the range determined after downward departures to the crack-guideline level...

Limited Extent of Protection of Proffer Letter

Posted on June 15, 2010
United States v. Quesada, No. 08-2183 (6th Cir. 2010), released today, adds another layer of complexity to representing cooperating defendants in federal court. Prior to his plea, Quesada proffered to the government under the standard proffer letter which prevented disclosure of the contents of the proffer except for certain limited circumstances...

No Suppression---the Decor Was Telling

Posted on June 11, 2010
United States v. Hinojosa, No. 08?1393 (6th Cir. June 9, 2010) (published). Bench trial. Defendant convicted of sexual exploitation of a child and CP charges. Appealed denial of motions to suppress evidence. Issues:* Were the police entry into his home and the arrest based on a non-existent warrant constitutional violations requiring suppression?* Was uninvited and warrantless intrusion into the home (which enabled the police to observe evidence used to obtain a search warrant) a constitutional violation?* Should evidence seized pursuant to a search warrant have been suppressed because of constitutional violations involved in obtaining the warrant?Affirmed...

Published Cases from Last Week +

Posted on June 07, 2010
Thanks to our AFPDs for their summaries. I'll try to get the unpublished cases up soon.... Also, new format: each case will be an individual, labeled post for easier reference.SCOTT WYNNEState HabeasPublishedhttp://www.ca6.uscourts.gov/opinions.pdf/10a0166p-06...

Appellate Jurisdiction

Posted on June 07, 2010
SUSAN SWANSONState HabeasPublishedhttp://www.ca6.uscourts.gov/opinions.pdf/10a0163p-06.pdfThe appeal by the State of Michigan challenging the district court?s decision to allow the petitioner?s exhausted state claims to proceed in federal court (while staying the unexhausted state claims for disposition by the state courts) was dismissed for lack of appellate jurisdiction.

Consecutive vs. Concurrent Time

Posted on June 07, 2010
JEFFREY THOMAS HARMONDirect AppealPublishedhttp://www.ca6.uscourts.gov/opinions.pdf/10a0156p-06.pdfDefendant appealed the district court?s decision ordering that his 46-month sentence for being a felon in possession of a firearm be served consecutively to an undischarged state sentence on an unrelated conviction for voluntary manslaughter...

Death-Penalty Habeas

Posted on June 07, 2010
RONALD PHILLIPSState Habeas---Death PenaltyPublishedhttp://www.ca6.uscourts.gov/opinions.pdf/10a0155p-06.pdfIn a lengthy opinion (33 pages), the Circuit Court affirmed the district court?s denial of habeas relief. A strongly worded dissent argued that the trial-court attorney had failed to investigate and present mitigating evidence that was or should have been available to him (and thus to a jury)...

Right Record on Right Against Self-Incrimination

Posted on June 07, 2010
RAYMOND YONODirect AppealPublishedhttp://www.ca6.uscourts.gov/opinions.pdf/10a0154p-06.pdfDefendant appealed his conviction and sentence, arguing that the district court violated his right against self-incrimination when the court failed to ensure affirmatively that he knowingly and voluntarily chose to testify on his own behalf...

Suppression Depression

Posted on June 07, 2010
MYRON HUGHESDirect AppealPublishedhttp://www.ca6.uscourts.gov/opinions.pdf/10a0153p-06.pdfDefendant was pulled over by Nashville police around 11:00 p.m. after officer observed the car standing for approximately three minutes at an L-shaped intersection in a deserted, high-crime, industrial neighborhood...

Substantial-Assistance Departures

Posted on May 28, 2010
In June 2009, we got United States v. Grant, 567 F.3d 776 (6th Cir. 2009), in which Judges Keith and Merritt concluded that once a Rule 35 motion is made the district court can consider all of the 3553(a) factors---not just substantial assistance---in departing downward...

New Format

Posted on May 26, 2010
To help with searching the blog, I'm going to start trying to tag posts with labels. I hope that this tagging will help people find cases and issues when they need them.

Big Rape Shield Victory

Posted on May 26, 2010
Nothing today, but here are yesterday's summaries from our AFPDs.Rape shield, lessons on variance requests.In regard to the picture, I couldn't find a free shield, so I used a sword. :)LEWIS RODNEY GAGNEState HabeasPublishedhttp://www.ca6.uscourts.gov/opinions...

Great S Ct News!

Posted on May 24, 2010
U.S. v. O?Brien and Burgess, No. 08--1569 (May 24, 2010):Unanimous decision (with concurrences). Opinion by Justice Kennedy. In a 924(c) prosecution, the issue of whether a firearm is a machine gun (so the defendant is subject to a 30-year mandatory minimum sentence) is an element of the offense that must be charged in the indictment and proved to a jury beyond a reasonable doubt...

May 18: No Luck Fishing for a Better Sentence

Posted on May 21, 2010
RICHARD MUNOZAppeal by the Government of grant of a new-trial motion Publishedhttp://www.ca6.uscourts.gov/opinions.pdf/10a0143p-06.pdfIn a case that the Circuit Court referred to as "ineffective assistance of counsel light," the District Court?s grant of the new-trial motion was reversed and the conviction affirmed...

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