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   Federal Courts - 6th Circuit Court of Appeals - March 30, 2006

  
Davis v. Straub, No. 03-2262, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 30, 2006, Filed
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Nat'l Solid Wastes Mgmt. Ass'n v. Daviess County, No. 04-6498, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 30, 2006, Filed
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Overview: Petition for a rehearing was denied because there was no ambiguity, misstatement, or oversight with respect to the fact that association's members were forced to pay higher prices which demonstrated constitutional standing and regulation prevented contracting with out-of-state parties which demonstrated prudential standing under Commerce Clause.

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Officemax, Inc. v. United States, No. 04-4009, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 30, 2006, Filed
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Robinson v. Gundy, No. 04-1585, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 30, 2006, Filed
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Overview: District court's denial of inmate's petition for habeas relief was affirmed. Although clearly established as a constitutional violation, the act of routine shackling was subject to review for harmless error. The evidence against the inmate was truly overwhelming; accordingly, the state court's shackling of the inmate constituted harmless error.

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United States v. Bolanos, Case No. 05-1452, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 30, 2006, Filed
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Overview: Where the district court had consulted the Sentencing Guidelines and explained its decision not to select a sentence outside of the applicable Guidelines range, and where defendant had not overcome the presumption that a sentence selected from within the applicable Guidelines range was reasonable, the appellate court affirmed the 84 month sentence.

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United States v. Henderson, No. 05-1546, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 30, 2006, Filed
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Overview: Defendant's conviction was affirmed. As defendant did not allege that he was unaware of factual predicate underlying his selective prosecution claim that Project Safe Neighborhoods was unconstitutionally race-based, his failure to argue selective prosecution regarding claim to district court precluded appellate review under Fed. R. Crim. P. 12(e).

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