U.S. Sixth Circuit: June 2009 Archives
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June 2009 Archives

US v. Canipe, No. 08-5534

Defendant's firearm possession conviction and sentence are affirmed where: 1) the arresting officer possessed probable cause to believe that a traffic violation occurred when he observed Defendant not wearing a seatbelt; and 2) the duration of the detention and questioning were reasonable.

Read US v. Canipe, No. 08-5534

Appellate Information

Submitted: June 11, 2009

Decided and Filed: June 30, 2009

Judges

Opinion by Circuit Judge Griffin

Counsel

For Appellant:

Clifton L. Corker, Johnson City, TN

For Appellee:

Robert M. Reeves, Assistant U.S. Attorney, Greeneville, TN

Hartman v. Great Seneca Fin. Corp., No. 08-3773

In an action under the Fair Debt Collection Practices Act claiming that Defendants falsely stated in state-court complaints that a certain document was a statement of Plaintiff's account, summary judgment for Defendants is reversed where there was an issue of material fact as to whether Defendants' representations were misleading or deceptive.

Read Hartman v. Great Seneca Fin. Corp., No. 08-3773

Appellate Information

Submitted: June 18, 2009

Decided and Filed: June 30, 2009

Judges

Opinion by Judge Moore

Dissenting opinion by Judge White

Counsel

For Appellants:

Stephen R. Felson, Law Office, Cincinnati, OH

For Appellees:

Michael D. Slodov, Javitch, Block & Rathbone LLP, Cleveland, OH

US v. Johnson, No. 08-3925

Defendants' drug possession sentences are affirmed where neither Defendant was eligible for a reduced sentence under 18 U.S.C. section 3582(c)(2), because their sentences were based solely on powder cocaine, meaning that Amendment 706 to the Guidelines would not have the effect of lowering their sentences.

Read US v. Johnson, No. 08-3925

Appellate Information

Submitted: June 18, 2009

Decided and Filed: June 30, 2009

Judges

Opinion by Judge Moore

Counsel

For Appellant:

Andy P. Hart, Office of the Federal Public Defender, Toledo, OH

For Appellee:

Blas E. Serrano, Assistant U.S. Attorney, Cleveland, OH

Keweenaw Bay Indian Comm. v. Rising, No. 08-1585

In an Indian tribe's action seeking injunctive relief from Michigan's policy of taxing transactions involving the tribe and from Michigan's reliance on an informal refund process to sort those immunities out on a case-by-case basis, judgment for Defendant is reversed, where the questions presented covered a myriad of hypothetical transactions and were too abstract and unsupported by specific facts.

Read Keweenaw Bay Indian Comm. v. Rising, No. 08-1585

Appellate Information

Argued April 30, 2009

Decided and Filed June 26, 2009

Judges

Opinion by Judge Merritt

Counsel

For Appellant:

Vernle Charles Durocher, Jr., Dorsey & Whitney LLP, Minneapolis, MN

For Appellees:

Kevin Joseph Moody, Miller, Canfield, Paddock & Stone, P.L.C., Lansing, MI

Lovely v. US, No. 08-3524

In an intentional infliction of emotional distress action against the U.S. based on an Army Reserve disciplinary proceeding, the dismissal of the complaint is affirmed, where Plaintiff's claim arose out of an injury to a serviceman where the injuries arose out of the course of activity incident to service.

Read Lovely v. US, No. 08-3524

Appellate Information

Argued June 18, 2009

Decided and Filed June 26, 2009

Judges

Opinion by Judge Moore

Counsel

For Appellant:

Kevin P. Podlaski, Carson Boxberger LLP, Fort Wayne, IN

For Appellee:

Patrick D. Quinn, Assistant United States Attorney, Dayton, OH

Merriweather v. Zamora, No. 08-1570

In an action for unlawfully opening a prisoner's legal mail, the denial of Defendants' motion for summary judgment on qualified immunity grounds is affirmed, where there was an issue of fact as to whether prison staff opened certain items, and whether they acted in disregard of prison regulations.

Read Merriweather v. Zamora, No. 08-1570

Appellate Information

Argued and Submitted: December 5, 2008

Decided and Filed: June 24, 2009

Judges

Opinion by Judge Gibbons

Counsel

For Appellants:

Michael E. Robinson, United States Department of Justice, Washington, DC

Thomas M. Bondy, United States Department of Justice, Washington, DC

For Appellee:

Robert Merriweather, Aurora, IL, pro se.

US v. O'Georgia, No. 05-2598

Defendant's tax evasion and obstruction of justice sentence is vacated where: 1) the District Court erred when it reimposed a custodial sentence that had already been served; and 2) Defendant's failure to adequately represent himself in the proceedings did not warrant a sentencing enhancement.

Read US v. O'Georgia, No. 05-2598

Appellate Information

Submitted: March 13, 2009

Decided and Filed: June 24, 2009

Judges

Opinion by Judge Gilman

Counsel

For Appellants:

Martin J. Beres, Law Offices of Martin J. Beres, Clinton Township, MI

McMaine Allen O'Georgia, Rochester, MI, pro se.

For Appellee:

Alan Hechtkopf, United States Department of Justice, Washington, D.C.

Reed v. International Union, No. 07-2505

In a Title VII action claiming that Defendant-Union failed to provide a reasonable accommodation for Plaintiff's religious objection to financially supporting the union, summary judgment for Defendant is affirmed where Plaintiff did not show that he suffered any material adverse employment action for making his objection.

Read Reed v. International Union, No. 07-2505

Appellate Information

Argued: September 17, 2008

Decided and Filed: June 23, 2009

Judges

Judge Batchelder delivered the opinion of the Court.

Judge Guy delivered a separate concurring opinion.

Judge McKeague delivered a separate dissenting opinion.

Counsel

For Appellant:

Bruce N. Cameron, National Right to Work Legal Defense Foundation, Springfield, VA

Glenn M. Taubman, National Right to Work Legal Defense Foundation, Springfield, VA

For Appellee:

Barry Macey, Macey, Macey & Swanson, Indianapolis, IN

Jones v. Caruso, No. 07-2393

In a First Amendment challenge to a prison policy prohibiting the receipt of certain Uniform Commercial Code (UCC) materials by prisoners, a preliminary injunction against the policy is affirmed where the policy was not sufficiently narrowly tailored because effective rules had been developed that allowed prisoners to receive a broad range of UCC-related materials while still limiting fraudulent filings.

Read Jones v. Caruso, No. 07-2393

Appellate Information

Submitted: March 4, 2009
Decided and Filed: June 23, 2009

Judges

Judge Cole delivered the opinion of the Court.

Judge McKeague delivered a separate dissenting opinion.

Counsel

For Appellants:

Linda Olivieri, Assistant Attorney General, Lansing, MI

For Appellee:

Walter Jones, Pro Se.

El-Moussa v. Holder, No. 08-3982

In a petition for review of a Board of Immigrant Appeals denial of Petitioner's asylum application, the petition is denied where: 1) the Court of Appeals lacked jurisdiction to review the BIA's decision that Petitioner's asylum application was untimely and that no changed circumstances materially affecting her application had occurred; and 2) the BIA's credibility determinations were supported by substantial evidence.

Read the full decision in El-Moussa v. Holder, No. 08-3982.

Appellate Information:

On Petition for Review of a Decision of the Board of Immigration Appeals.
No. A96 419 706.
Argued: April 30, 2009
Decided and Filed: June 17, 2009

Judges:

Before KENNEDY, GIBBONS, and ROGERS, Circuit Judges.

Opinion by ROGERS, Circuit Judge.

Counsel:

ARGUED: Frank Gregory Becker, FRANK G. BECKER & ASSOCIATES, P.C., Southfield, Michigan, for Petitioner.
Susan Bennett Green, U.S. DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

ON BRIEF: Frank Gregory Becker, FRANK G. BECKER & ASSOCIATES, P.C., Southfield, Michigan, for Petitioner. Susan Bennett Green, U.S. DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Zhao v. Holder, No. 07-4117

Petitioner's petition for review of the denial of his application for withholding of removal is denied, where there was substantial evidence supporting the Immigration Judge's adverse credibility findings.

Read the full decision in Zhao v. Holder, No. 07-4117.

Appellate Information:

On Appeal from the Board of Immigration Appeals.
No. A76 513 761.
Submitted: October 28, 2008
Decided and Filed: January 16, 2009

Judges:

Before MARTIN and GILMAN, Circuit Judges, DOWD, Senior District Judge. The Honorable David D. Dowd, Jr., Senior United States District Judge for the Northern District of Ohio, sitting by designation.

Counsel:

ON BRIEF Oleh Roman Tustaniwsky, LAW OFFICES, New York, New York, for Petitioner.

John W. Blakeley, Aviva L. Poczter, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

In re Simons, No. 09-3109

In an action seeking a writ of mandamus under 18 U.S.C. § 3771(d)(3) to enforce his rights under the Crime Victims' Rights Act (CVRA), requiring the unsealing of the record in a criminal case, the writ is granted where the CVRA required a ruling on a motion to unseal to be made "forthwith," and the District Court had inexplicably delayed for three months in making a decision.

Read the full decision of In re Simons, No. 09-3109.

Before: MOORE, CLAY, and GIBBONS, Circuit Judges.

CLAY, Circuit Judge, dissenting.

H.D.V.-Greektown, LLC v. Detroit, No. 08-1329

In a First Amendment challenge to a city's adult business zoning ordinances, the District Court's order granting partial summary judgment to both parties is affirmed in part, where the ordinances were content-neutral and facially constitutional; but reversed in part, where, once the ordinances were declared unconstitutional as applied to Plaintiff, Plaintiff became entitled to use its property for any lawful purpose.

Read H.D.V.-Greektown, LLC v. Detroit, No. 08-1329.

ARGUED: Bradley J. Shafer, SHAFER & ASSOCIATES, P.C., Lansing, Michigan, for Appellants. Jeffrey S. Jones, CITY OF DETROIT LAW DEPARTMENT, Detroit, Michigan, for Appellee.

ON BRIEF: Bradley J. Shafer, Andrea E. Pritzlaff, SHAFER & ASSOCIATES, P.C., Lansing, Michigan, for Appellants. Jeffrey S. Jones, CITY OF DETROIT LAW DEPARTMENT, Detroit, Michigan, for Appellee.

OPINION AUTHORED BY RONALD LEE GILMAN, Circuit Judge.