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| D.B. v. Lafon, No. 06-5982,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 21, 2007, Filed
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Overview: District court properly denied parents' motion for preliminary injunction. Even without evidence that Confederate flag displays had been the direct cause of past disruptions, school officials reasonably could have surmised that such displays posed a substantial risk of provoking problems in the incendiary atmosphere then existing.
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| Fulks v. Barnhart, No. 06-5526,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 21, 2007, Filed
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Overview: Review of a Supplemental Security Income beneficiary's medical records dating back to the 1970s was not necessary to the analysis of whether she was no longer disabled because her medical impairments had improved. 20 C.F.R. § 416.994(b)(1)(i) required only going back to the last favorable decision prior to termination.
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| United States v. Davenport, No. 05-6762,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 21, 2007, Filed
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Overview: District court credited testimony of a Drug Enforcement Agency agent in finding that defendant admitted that he was in a truck and helped another steal about 10 pounds of methamphetamine, and found that defendant was responsible for all of the pounds of meth recovered, rather than merely the 6.9 grams suggested by the parties in the plea agreement.
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| United States v. Winkle, No. 04-4196,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 21, 2007, Decided , February 21, 2007, Filed
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Overview: Convictions of bank fraud and conspiracy to commit bank fraud under 18 U.S.C.S. §§ 371 and 1344 were affirmed, as circumstantial evidence was sufficient for jury to conclude that defendant had requisite intent to defraud and was not merely duped by co-defendant, including testimony from defendant's former employees describing check kiting scheme.
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| First Am. Title Co. v. Devaugh, No. 06-1171,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 22, 2007, Decided , February 22, 2007, Filed
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Overview: Four county registers' refusal to provide duplicate records in non-paper formats, or to provide duplicate paper records at a bulk discount, unless title companies agreed not to sell or give the duplicate records to anyone else was violative of 15 U.S.C.S. § 2. Actions did not qualify for state-action immunity.
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| Sams v. State Attorneys General (In re Cardizem CD Antitrust Litig.), No. 05-2375,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 22, 2007, Decided , February 22, 2007, Filed
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Overview: Where the attorney of a class member who appealed a class action settlement order was ordered to pay the costs, pursuant to 28 U.S.C.S. § 1920, of a settlement administrator, the order was reversed because both Fed. R. Civ. P. 54(d)(1) and 28 U.S.C.S. § 1920(6) permitted costs to be charged against parties, not their counsel.
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| United States v. Funk, No. 05-3708,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 22, 2007, Decided , February 22, 2007, Filed
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Overview: Defendant's 150-month sentence following his conviction for his involvement in a drug conspiracy was improper because the federal district court improperly disregarded that defendant was a career offender and declined to impose the 18 U.S.C.S. § 4B1.1(a) enhancement; disagreement with Congress as to the appropriate sentence was a policy matter.
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| United States v. Morrison, No. 05-3645,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 22, 2007, Filed
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Overview: Since totality of evidence--circumstantial or otherwise--failed to reasonably show that defendant had knowledge of either hidden drugs in car or conspiracy to distribute those drugs, appellate court reversed defendant's conviction for conspiring to possess with intent to distribute cocaine, in violation of 21 U.S.C.S. §§ 841(a)(1) and 846.
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| United States v. Thompson, No. 05-3728,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 22, 2007, Filed
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Overview: The disparity between the 192-month sentence defendant received and the 55-month sentence his co-conspirator received under 21 U.S.C.S. § 846 was not unreasonable in light of the additional firearm charge against defendant, 18 U.S.C.S. § 924(c)(1)(A), and in light of defendant's more extensive criminal history.
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