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| Jones v. Reynolds, No. 04-2320,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 27, 2006, Decided , February 27, 2006, Filed
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Overview: Summary judgment for police officers was proper in personal representative's § 1983 action alleging violation of decedent's substantive due process rights under U.S. Const. amend. XIV; state-created danger claim failed because there was no evidence of affirmative act or special danger in officers' failure to prevent drag race on public street.
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| Rice v. Comm'r of Soc. Sec., Case No. 05-5572,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 27, 2006, Filed
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Overview: District court did not err when it affirmed the ALJ's findings that the claimant was not entitled to SSDI benefits since substantial evidence supported the ALJ's findings where the ALJ's decision was rife with medical and psychological evidence and examinations, all of which supported finding the claimant ineligible for SSDI benefits.
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| Smith v. United States, No. 04-6218,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 27, 2006, Filed
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Overview: An inmate's 28 U.S.C.S. § 2255 motion to vacate his sentence was properly denied because, even if counsel's performance had been deficient, the inmate failed to show that he was prejudiced by counsel's failure to advise him to take a guilty plea or to advise him of the risks of going to trial.
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| United States v. Dillard, No. 04-4191,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 27, 2006, Decided , February 27, 2006, Filed
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Overview: District court's findings that the doors of a duplex were open, that defendant's girlfriend invited police officers in, and that she voluntarily consented to the search of the apartment were not clearly erroneous as they were based on credibility determinations and did not contradict the record. There was no Fourth Amendment violation.
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| United States v. Galloway, No. 04-5981,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 27, 2006, Decided , February 27, 2006, Filed
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Overview: District court erred in refusing to sentence defendant as career offender under U.S. Sentencing Guidelines Manual §§ 4B1.1, 4B1.2 following guilty plea to violating 21 U.S.C.S. § 841(a)(1); plea colloquy for prior conviction under Tenn. Code Ann. § 39-12-101 for attempting to commit felony revealed that offense was a "controlled substance offense."
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| United States v. Wilson, No. 04-6479,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 27, 2006, Decided , February 27, 2006, Filed
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Overview: The Government was entitled to dismissal of defendant's appeal of his guilty plea to being a felon in possession of a firearm, 18 U.S.C.S. § 922(g)(1); there was no violation of Fed. R. Crim. P. 11(b)(1)(N) based on the fact that the United States Attorney, rather than judge, explained the appellate waiver in open court at the plea hearing.
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