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| Scipio v. Sony Music Entm't, No. 05-5134,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 3, 2006, Filed
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Overview: Summary judgment on affirmative defense of accord and satisfaction was reversed because proposed royalty agreement was never executed by the parties and plaintiffs expressed their state of mind by referring to an executed written agreement and that distribution of funds from royalties would not by itself execute the agreement.
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| Silberstein v. City of Dayton, No. 05-3630,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 3, 2006, Decided , March 3, 2006, Filed
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Overview: A city employee was a policymaking employee commenting upon matters of policy when she wrote a letter to a newspaper expressing her concerns about a proposed diversity plan for the city's fire department; therefore, a presumption was applied to conclude that government interests outweighed her First Amendment interests.
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| Sterkaj v. Gonzales, No. 04-4232,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 3, 2006, Decided , March 3, 2006, Filed
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Overview: Submitting fraudulent documents--a summons and a "wanted" document--supported an adverse credibility finding, and the Immigration and Nationality Act required the court to accord the IJ's determinations a high degree of deference; the alien's due process challenges to the record before the BIA and its summary-affirmance also failed.
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| United States v. Monumental Life Ins. Co., No. 05-5080,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 3, 2006, Decided , March 3, 2006, Filed
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Overview: Where insurer, who was third party to investigation of taxpayer, argued that many of the documents requested by IRS in administrative summons pursuant to 26 U.S.C.S. § 7602, were already in the IRS' possession, and the IRS could not overcome that burden of proof, the court allowed the IRS the opportunity to redraft a more narrowly tailored summons.
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| United States v. Mullins, No. 05-5777,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 3, 2006, Filed
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Overview: Eight month sentence imposed by district court following revocation of probation for conviction under 18 U.S.C.S. § 641 was not unreasonable; district court designed sentence to aid defendant's marijuana withdrawal, considered 18 U.S.C.S. § 3553 factors and U.S. Sentencing Guidelines Manual § 7B1.4, and imposed sentence less than statutory maximum.
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| McClain v. Northwest Cmty. Corr. Ctr. Judicial Corr. Bd., No. 05-3154,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 6, 2006, Decided , March 6, 2006, Filed
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Overview: Where Regulation P, passed pursuant to Ohio Rev. Code Ann. § 5120.111(A), which mandated that department of rehabilitation adopted rules that served as criteria for operation of community-based correctional facilities and programs, did not provide former employee with private cause of action for money damages, court could not award monetary relief.
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| United States v. Adkins, Nos. 04-5629, 04-5639,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 6, 2006, Filed
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Overview: Because the affidavit upon which the district court relied when it issued the search warrant for the husband's house where officers seized materials that were used to convict the husband and wife of conspiring to receive child pornography was supported by probable cause, the appellate court supported the denial of the husband's motion to suppress.
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| Fligiel v. Samson, No. 04-1531,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 7, 2006, Decided , March 7, 2006, Filed
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Overview: District court erroneously relied on APA in considering Veterans Administration physician's challenge to transfer; Veterans Benefits Act provided comprehensive remedial scheme, and limitations of 38 U.S.C.S. § 7463 could not be circumvented by invoking APA judicial review provisions because Congress clearly provided no judicial review under § 7463.
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| United States v. Daniels, No. 04-6344,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 7, 2006, Filed
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Overview: Sufficient evidence supported defendant's conviction under 18 U.S.C.S. § 922(g) where substantial and competent evidence supported reasonable inference that defendant possessed firearm prior to dropping it on ground near scene of his arrest. Defendant was entitled to resentencing because district court felt bound by mandatory sentencing guidelines.
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