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| Buckeye Elec. Co. v. Erickson, No. 04-2254,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 7, 2006, Filed
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Overview: Electric company was entitled to summary judgment in breach of contract action where record supported conclusion that guarantor's company breached settlement agreement with electric company and thus triggered guarantor's obligations; guarantor failed to show that electric company waived condition precedent to its performance under settlement.
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| Suarez Corp. Indus. v. Martin, No. 05-4597,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 7, 2006, Filed
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Overview: Defendant's appeal was dismissed because, while defendant's notice of appeal was filed within the time provided by Fed. R. App. P. 4(a), he did not file an application for leave to file the appeal as required by a permanent injunction, and the failure to file such an application was a sufficient basis for sustaining a motion to dismiss the action.
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| United States v. Cortez, No. 05-6120,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 7, 2006, Filed
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Overview: Imposition of 46-month sentence on defendant's illegal reentry conviction was reasonable where district court properly consulted USSG, explained its reasons for doing so, and imposed sentence within applicable USSG range. District court expressly considered other 18 U.S.C.S. § 3553(a) factors and found them insufficient to warrant lower sentence.
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| United States v. Lewis, No. 04-6024,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 7, 2006, Filed
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Overview: On remand, district court failed to make particularized findings regarding conspiracy, amount of damages, and number of victims for purposes of U.S. Sentencing Guidelines Manual § 2B1.1(b)(1)(C), (2)(A)(i) enhancements following guilty plea to aiding and abetting device fraud, 18 U.S.C.S. §§ 1029, 2; thus, second resentencing remand was necessary.
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| United States v. Vanhoose, No. 05-3290,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 7, 2006, Decided , February 7, 2006, Filed
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Overview: The United States Court of Appeals for the Sixth Circuit held that a district court's 18 U.S.C.S. § 3583(e)(3) authority to impose a supervised-release term to follow a post-revocation prison term was not extinguished simply because that prison term was the maximum one.
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| Widgren v. Maple Grove Twp., No. 04-2189,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 7, 2006, Filed
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