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| Adrian Energy Assocs. v. Mich. PSC, No. 06-1015,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 26, 2007, Decided , February 26, 2007, Filed
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Overview: While a trial court rightly declined jurisdiction over a case by cogeneration facilities, seeking declaratory and injunctive relief from a public service commission's order in a dispute with a utility involving power agreements, the Declaratory Judgment Act, 28 U.S.C.S. § 2201(a), did not give discretion to do so; rather, abstention was warranted.
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| Alizoti v. Gonzales, Nos. 05-4493; 06-3067,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 26, 2007, Decided , February 26, 2007, Filed
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Overview: The Board of Immigration Appeals had issued a decision on an immigrant's first motion to reopen some two weeks prior to her filing of the second, and it would have been unusual, at the least, for the BIA to consider her motion to reconsider the motion to reopen as actually being a supplement to that first motion.
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| Burnett v. Quest Diagnostics, Inc., No. 05-2219,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 26, 2007, Filed
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Overview: Appellate court found that, after reviewing record, the parties' briefs, and listening to oral argument, it would affirm the district court's decision for substantially the same reasons set forth in the district court's written orders. The district court would not agree with defendant's statement that plaintiff failed to prove age discrimination.
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| Dawood v. Gonzales, No. 05-4496,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 26, 2007, Filed
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Overview: Denial of asylum was reversed where the court failed to see a serious inconsistency in an asylum applicant's earlier statements and his statement at a hearing. The alien who was a Chaldean Christian and whose Baghdad watch repair store was threaten with being taken by the Baath Party may have qualified as refugee under 8 U.S.C.S. § 1101.
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| Koulta v. Merciez, No. 06-1539,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 26, 2007, Decided , February 26, 2007, Filed
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Overview: A § 1983 claim against officers regarding a woman whom they ordered to leave a home, where it was found that she was intoxicated and ran a red light, killing another driver, was dismissed due to qualified immunity. The state-created danger exception did not apply as they did not create or increase risk; she had already been drinking and driving.
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| Krivonos v. Gonzales, No. 06-3206,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 26, 2007, Filed
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Overview: As with many individuals who came before the appellate court seeking permanent residency in the United States, the court was sympathetic to the situation of the asylee family and their desire to make a new life in the United States. However, the asylees had not made the requisite showing to justify relief on the theories that they advanced.
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| Stenaj v. Gonzales, No. 05-4456,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 26, 2007, Filed
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Overview: Although Albanian nationals were harassed due to the tenure of the wife's father in a police force and the Democratic Party before the Socialist Party was empowered, their claims for asylum and other relief were denied as they did not show persecution under 8 U.S.C.S. § 1101(a)(42)(A), especially having not demonstrated the severity of a beating.
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| United States v. Monday, Case No. 06-1194,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 26, 2007, Filed
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Overview: Defendant, convicted of firearm possession by a convicted felon and possession with intent to distribute marijuana, violations of 18 U.S.C.S. § 922(g)(1) and 21 U.S.C.S. § 841, was properly resentenced to 100 months as many 18 U.S.C.S. § 3553(a) factors were considered and post-incarceration rehabilitative efforts were not a basis for departure.
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| United States v. Snowden, No. 05-6778,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 26, 2007, Filed
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Overview: District court did not err in classifying defendant as career criminal under U.S. Sentencing Guidelines Manual § 4B1.1 following conviction under 21 U.S.C.S. § 841(a)(1); it correctly identified two or more prior felony convictions for controlled substances. 18 U.S.C.S. § 3553(a) factors were considered in arriving at reasonable 240-month sentence.
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| United States v. Stone, No. 05-5432,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 26, 2007, Filed
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Overview: Defendant was properly convicted of drug conspiracy, 21 U.S.C.S. §§ 841, 846, and properly sentenced to life imprisonment under 21 U.S.C.S. § 841(b); there was no abuse of discretion under Fed. R. Crim. P. 16 or 24 and no violation of U.S. Const. amends. VI or VIII. Testimony as to involvement in murder was admissible under Fed. R. Evid. 403.
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