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Criminal, Administrative, and Bankruptcy Matters

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By FindLaw Staff on April 12, 2010 3:41 PM

In US v. Franklin, No. 09-2265, the Seventh Circuit decided first of two criminal matters involving the district court's denial of defendant's 18 U.S.C. section 3582(c) motion requesting a lower sentence in light of the new guidelines reducing the offense levels for crack cocaine crimes.  However, because defendant's case did not state that the 157-month sentence was based on the guidelines range for the purposes of section 3582(c), the district court's denial of the motion is affirmed.

In US v. Palmer, No. 09-2558, the Seventh Circuit decided a second criminal matter involving a newly appointed appellate counsel's Anders submission to withdraw from representation of defendant convicted of drug related offenses.  In denying the counsel's Anders motion, the court held that it will not infer that counsel made an informed decision to include only sentencing issues where the brief does not set out the nature of the case and the course of proceedings in enough detail to demonstrate that counsel evaluated the entire record. 

Truhlar v. U.S. Postal Serv., No. 09-1652 concerned a postal carrier's suit against the Postal Service and his local union arising from his termination for failing to disclose in the disability compensation paperwork that he was earning money playing bass guitar in a rock band. In order to withstand summary judgment, plaintiff needed to show both that the union representative breached its duty to represent him fairly in pursuing his grievances and that the Postal Service violated the CBA.  However, because the district court correctly concluded that the Postal Service's decision to fire plaintiff did not violate the CBA, entry of summary judgment in favor of the defendants is affirmed. 

In Re: Repository Tech. Inc., No. 08-1342, involved a challenge to the district court's decision in two separate cases involving the bankruptcy of Repository Technologies, Inc. (RTI), a now defunct software company.  In the case of In re RTI, the court vacated the district court's judgment and dismissed the appeal from the bankruptcy court as moot based on the sale of RTI's assets and termination of its business.  In the case of Nelson v. Welch, the judgment of the district court is reversed and remanded as plaintiff's federal and state-law claims are so entangled that the district court should have retained supplemental jurisdiction over the state-law claims. 

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