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| Bd. of Educ. v. L.M., No. 06-5534,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 2, 2007, Decided , March 2, 2007, Filed
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Overview: A school district did not violate IDEA child-find requirements by failing to evaluate a child for special education in kindergarten as it did not ignore his problems, providing him with services to help him catch up and meet expectations; but an IEP team did not have authority to terminate a compensatory education award under 20 U.S.C.S. § 1415.
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| Cooey v. Strickland, No. 05-4057,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 2, 2007, Decided , March 2, 2007, Filed
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Overview: District court erred in ruling that two-year statute of limitations had not run on death-sentenced Ohio prisoner's § 1983 method-of-execution claim under U.S. Const. amend. VIII; appropriate accrual date mirrored that found in 28 U.S.C.S. § 2244(d)(1)(A) and not at the point of imminency of execution plus exhaustion of federal collateral remedies.
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| Nat'l Parks Conservation Ass'n v. TVA, No. 05-6329,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 2, 2007, Decided , March 2, 2007, Filed
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Overview: Where environmental groups argued that a state authority shirked its Clean Air Act duty to obtain power plant pollution limitations, dismissal of their 42 U.S.C.S. § 7413(b) claim for penalties was improper as it was not time-barred per 28 U.S.C.S. § 2462; failure to apply Best Available Control Technology was actionable, renewing itself each day.
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| United States v. Husein, No. 05-2548,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 2, 2007, Decided , March 2, 2007, Filed
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Overview: Appellate court found that there was no abuse of the district court's discretion when it granted an inmate's motion for downward departure based on the inmate's allegation that her father was totally incapacitated due to the effects of several strokes that he had recently suffered, and the round-the-clock care that she provided.
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| United States v. Milan, No. 05-6209,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 2, 2007, Filed
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Overview: Defendant's 144-month sentence for conspiracy to possess with intent to distribute, and distribution of, 50 grams or more of cocaine base was proper as it was properly enhanced pursuant to U.S. Sentencing Guidelines Manual §§ 2D1.1(b)(1), 3B1.1(a); he failed to rebut the presumption that his firearm was used in the crime and he was the "kingpin."
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| United States v. Rice, No. 06-5245,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 2, 2007, Decided , March 2, 2007, Filed
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Overview: Suppression of the fruits of a wiretap issued per a warrant under Title III of the Omnibus Crime Control and Safe Streets Act, 18 U.S.C.S. § 2510 et seq., was proper as a district court did not err in finding that misleading affidavit statements were made recklessly and that the warrant was unsupported; also, the good faith exception did not apply.
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| United States v. Sullivan, No. 06-5110,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 2, 2007, Filed
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Overview: District court did not err by imposing 200-month sentence as armed career criminal, 18 U.S.C.S. § 924(e), following defendant's guilty plea to violating 18 U.S.C.S. § 922(g)(1); 19-year-old drug conviction qualified as "serious drug offense" because it exposed defendant to 15-year sentence notwithstanding fact that he received 18-month sentence.
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| United States v. Tyler, 05-2252,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 2, 2007, Filed
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Overview: A district court considered the 18 U.S.C.S. § 3553(a) factors and fully articulated the reasons for imposing a 72-month sentence including the nature and circumstances of the offense, defendant's criminal history and other characteristics, a pattern of recidivism, and defendant's addiction and need a residential drug rehabilitation program.
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