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| City of Winchester v. FCC, No. 05-3083,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 23, 2006, Filed
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| Dvorkin v. Gonzales, Nos. 03-3245, 02-3851,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 23, 2006, Filed
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Overview: The appeals court reversed an attorneys fee award for an alien under the EAJA, finding that the government was substantially justified in defending the constitutionality of 8 U.S.C.S. § 1226(c); the subsequent case law clearly evidenced that the constitutionality and application of the statute to the alien were far from settled law at the time.
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| Gumble v. Waterford Twp., No. 05-1254,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 23, 2006, Filed
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Overview: Court upheld the denial of a Fed. R. Civ. P. 60(b) motion, which sought relief from an order dismissing municipal defendants from a 42 U.S.C.S. § 1983 suit; trial court's failure to convert a motion to dismiss to one for summary judgment did not prejudice arrestee.
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| United States v. Chambers, No. 02-5865,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 23, 2006, Decided , March 23, 2006, Filed
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Overview: Where term knowingly in 18 U.S.C.S. § 2252(a)(1) did not apply to the jurisdictional fact that the pornographic depictions traveled in interstate or foreign commerce, and where the government did not need to prove that when defendant knowingly shipped the images that he also knew they would travel by interstate commerce, evidence was sufficient.
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| United States v. Montanez, No. 04-4543,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 23, 2006, Decided , March 23, 2006, Filed
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Overview: Where the appellate court determined that defendant's convictions under former Ohio Rev. Code Ann. § 2925.03(6) and (9) did not qualify as controlled substances offenses under U.S. Sentencing Guidelines Manual § 4B1.1, the court vacated defendant's sentence and remanded for resentencing.
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| United States v. Stone, Nos. 04-6184/6185,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 23, 2006, Filed
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