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| Bronco's Entm't, Ltd. v. Charter Twp. of Van Buren, No. 06-1381,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 24, 2007, Filed
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Overview: Where it had been determined that two of the four zoning ordinances that plaintiffs were challenging had been declared unconstitutional, the appellate court found that that determination had altered the legal relationship between plaintiffs and defendant township. As a result, plaintiffs were prevailing parties with respect to two of the issues.
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| Dashi v. Gonzales, No. 06-3006,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 24, 2007, Filed
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Overview: Substantial evidence supported the Immigration Judge's determination that the aliens' testimony lacked credibility where the wife had testified to being physically assaulted by men who had threatened the couple's daughter by being hit with a fist in her stomach, but the husband had testified that the men shot at the wife with a revolver.
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| Hamilton v. Morgan, No. 05-5614,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 24, 2007, Decided , January 24, 2007, Filed
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Overview: Because the decision to allow prior testimony of a witness deemed unavailable for trial was neither contrary to nor an unreasonable application of federal law under 28 U.S.C.S. § 2254(d), the court affirmed the denial of a petitioner's application for a writ of habeas corpus. The State's efforts to produce the witness were reasonable.
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| Lang v. United States, No. 05-2700,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 24, 2007, Decided , January 24, 2007, Filed
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Overview: Defendant's 28 U.S.C.S. § 2255 motion was properly denied because he was not entitled to have Booker apply retroactively because the Booker rule was procedural, not substantive, and did not implicate the fundamental fairness of the trial where the "stacking" provisions of U.S. Sentencing Guidelines Manual § 5G1.2(d) were applied.
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| Mitchell v. Ainbinder, No. 05-1497,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 24, 2007, Filed
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Overview: District court properly denied a customer's petition to vacate an arbitration award under 9 U.S.C.S. § 10(a); brokerage presented plausible arguments for denial of claims of unsuitability, churning, and fraud. Evidence suggested that customer preferred high risk investments, and high rate of turnover did not require finding of excessive trading.
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| United States v. Bean, No. 05-6760,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 24, 2007, Filed
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Overview: District court properly ordered defendant to provide DNA sample incident to 21 U.S.C.S. § 841 drug conviction and as condition of supervised release; DNA Analysis Backlog Elimination Act of 2000, 42 U.S.C.S. §§ 14135a-14135d, did not violate U.S. Const. amend. IV or U.S. Const. amend. V rights against self-incrimination and deprivation of property.
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| United States v. Howard, No. 03-6446,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 24, 2007, Filed
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Overview: Defendant's right to confrontation was not violated when he did not have opportunity to cross-examine agent referred to at trial. Neither agent nor any other law enforcement personnel testified as to any testimonial statement by confidential informant; rather testimony was simply that officers had been given information about defendant's residence.
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| United States v. Wilson, No. 05-6753,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 24, 2007, Filed
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Overview: Imposition of 212-month sentence was reasonable following defendant's guilty plea to possessing with intent to distribute 50 grams or more of methamphetamine, 21 U.S.C.S. § 841(a)(1); extent of U.S. Sentencing Guidelines Manual § 5K1.1 departure was within district court's discretion, and sufficient 18 U.S.C.S. § 3553(a) reasons were proffered.
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| Haynes v. City of Circleville, No. 06-3070,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 25, 2007, Decided , January 25, 2007, Filed
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Overview: A police chief's summary judgment motion as to a former employee's First Amendment claim, which was based on his qualified immunity defense, was improperly denied because, when the employee protested training cutbacks for canine officers, his speech to the police chief was not protected as it was made in his capacity as a public employee.
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| United States v. Gardner, No. 06-1006,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 25, 2007, Filed
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Overview: Defendant failed to rebut presumptive reasonableness of 210-month and 120-month concurrent sentences for violations of 21 U.S.C.S. §§ 841, 922(g)(1); sentence was at bottom of advisory Guideline range. Also, district court adequately explained 18 U.S.C.S. § 3553(a) factors and adequately considered defendant's "crack/powder disparity" argument.
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