U.S. Sixth Circuit: January 2011 Archives
U.S. Sixth Circuit - The FindLaw 6th Circuit Court of Appeals Opinion Summaries Blog

January 2011 Archives

Doe v. Boland, 09-4281

Action against an expert witness under the civil remedy provisions of the federal child pornography

Doe v. Boland, 09-4281, concerned plaintiffs' suit against an expert witness under the civil remedy provisions of the federal child pornography, for "morphing" downloaded images of plaintiffs' children from a stock photo website into pornography and using the images to help his clients in child pornography charges in federal and state court.


US v. Hall, 08-4368

Imposition of an enhanced sentence for drug conviction affirmed

US v. Hall, 08-4368, concerned a challenge to the district court's imposition of a sentence upon a defendant for drug related crimes in using his state murder conviction to enhance his base offense level under the Guidelines.


US v. Batti, 09-2050

Conviction for improperly accessing information from a protected computer

US v. Batti, 09-2050, concerned a challenge to the district court's finding that the value of information that defendant obtained exceeded $5,000 and an order of $47,565 in restitution, in a conviction of defendant for improperly accessing information from a protected computer in violation of 18 U.S.C. section 1030(a)(2)(C) and (c)(2)(B)(iii).  In affirming, the court held that the district court's use of the cost of production was a reasonable and permissible method by which to determine the value of the information obtained by defendant, and that the district court did not abuse its discretion in ordering the restitution in the amount of $47,565.

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Lewis v. Whirlpool Corp., 09-4231

Dismissal of wrongful termination suit for lack of subject matter jurisdiction

Lewis v. Whirlpool Corp., 09-4231, concerned a challenge to the district court's dismissal of the complaint for lack of subject matter jurisdiction in plaintiff's action for wrongful termination against defendant claiming that he was terminated in violation of Ohio public policy for his refusal to discharge employees for unionizing activities.


ERISA action challenging pension plan's amendment to limit occupational disability benefits

Price v. Bd. of Trustees of the Indiana Laborer's Pension Fund, 09-3897, concerned a challenge to the district court's grant of plaintiff's motion for summary judgment in plaintiff's suit against his pension plan challenging the denial of his benefits and claiming that the plan amendment to limit the payment of occupational disability benefits to a period of two years violated ERISA because his occupational disability benefits had vested as a matter of law.


US v. Ashraf, 09-4002

Conviction of a Pakistani citizen for willful failure to sign travel documents

US v. Ashraf, 09-4002, concerned a challenge to the district court's denial of a motion for judgment of acquittal and a ruling that excluded certain proof that defendant had sought to present in his defense, in a conviction of a Pakistani citizen on two counts of willful failure to sign travel documents that were necessary for his departure pursuant to a final order of removal entered in 2008.


Scott v. U.S. R.R. Ret. Bd., 09-4045

Recovery of overpayment in disability benefits

Scott v. U.S. R.R. Ret. Bd., 09-4045, concerned a challenge to the Railroad Retirement Board's denial of petitioner's request for waiver of recovery of an overpayment in disability benefits under 45 U.S.C. section 231i(c).  In affirming, the court held that substantial evidence supports the Board's conclusion that petitioner was at fault in causing the overpayment.  Further, even if petitioner was not at fault, there is no evidence that recovery of overpayment would cause him financial hardship, or that it is against equity or good conscience.

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US v. Grant, 07-3831

Challenge to district court's reduction of defendant's sentence for substantial assistance

US v. Grant, 07-3831, concerned a challenge to the district court's grant of government's motion to reduce defendant's sentence from twenty-five years to sixteen years, in a conviction of defendant for possession of a firearm, conspiracy to commit money laundering, and operation of a continuing criminal enterprise.


US v. Canal Barge Co., 09-5388

Dismissal for improper venue in conviction for violation of the Ports and Waterways Safety Act

US v. Canal Barge Co., 09-5388, concerned a challenge to the district court's grant of defendants' motion for acquittal on the ground that the Ports and Waterways Safety Act (PWSA) violation was a point-in-time offense that was complete at the time the defendant failed to immediately notify the Coast Guard of the hazardous condition, which occurred on the Mississippi River prior to entry into the Western District of Kentucky, in a conviction of defendants for violation of the PWSA, arising from a benzene leak in the Mississippi River.


US v. Ham, 09-5730

Crack cocaine related offense

US v. Ham, 09-5730, concerned a challenge to a conviction of defendant for possession of crack cocaine with intent to distribute, possession of a firearm in furtherance of a drug trafficking offense, and being a felon in possession of a firearm, and a 190-month sentence followed by eight years of supervised release.


CareToLive v. Food & Drug Admin., 09-4084

Action against the FDA demanding production of documents related to immunotherapy treatment for late stage prostate cancer

CareToLive v. Food & Drug Admin., 09-4084, concerned an action against the Food and Drug Administration (FDA), filed by an association of cancer patients, patient families, doctors, investors and advocates focuses on helping men suffering from late stage prostate cancer, demanding immediate production of responsive documents related to communication sent between its medical experts regarding an immunotherapy treatment for late stage prostate cancer.


Lovell v. Duffey, 08-3142

Reversal of grant of conditional writ of habeas corpus for defendant convicted of drug related crimes

Lovell v. Duffey, 08-3142, concerned a challenge to the the district court's issuance of a conditional writ of habeas corpus on the ground that defendant's attorney was ineffective in failing to advise her of the potential adverse consequences of rejecting the state prosecutor's plea offer,  in a conviction of defendant for drug related offenses.


US v. Brooks, 09-3833

Conviction for sex crimes against children

US v. Brooks, 09-3833, concerned a challenge to the district court's imposition of a 295-month sentence for count 1, the same sentence for count 2, and 240-month sentence for count 3, all to run concurrently, in a conviction of defendant for three counts of sex crimes against children.


US v. Roth, 09-5805

Conviction for violations of the Arms Export Control Act

US v. Roth, 09-5805, concerned a challenge to convictions of defendant for conspiracy, exporting defense articles and services without a license in violation of the Arms Export Control Act, and wire fraud.


US v. Contents of Accounts, 10-5799

Civil forfeiture proceeding for mail and wire fraud relating to interstate cigarette sales

US v. Contents of Accounts, 10-5799, concerned civil forfeiture proceedings to seize numerous bank accounts and other assets belonging to defendants, arising from the government's allegations, among other things, of mail and wire fraud relating to the interstate sale of cigarettes.


US v. Sweet, 10-3348

Sentencing challenge in bank embezzlement conviction

US v. Sweet, 10-3348, concerned a challenge to the district court's imposition of an 8-month sentence, followed by five years supervised release, in a prosecution of defendant for bank embezzlement.