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| Cress v. Palmer, No. 05-1798,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 5, 2007, Decided , April 5, 2007, Filed
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Overview: Because the record established that the prisoner's claims were not cognizable on habeas review, the appellate court concluded that the district court should have dismissed the petition for lack of jurisdiction, and the court therefore affirmed the order of dismissal, but for a different reason from that given by the district court.
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| Fields v. Sallie Mae Servs. Corp. (In re Fields), Case No. 05-3569,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 5, 2007, Filed
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Overview: Decision of bankruptcy court that granted a partial discharge of the debtor's student loan debt was reversed because debtor failed to show good faith because she had made almost no payments on her loans, turning, almost immediately, to the bankruptcy court instead and debtor declined even to apply for income contingent repayment plan relief.
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| United States v. Blair-Torbett, No. 04-6520,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 5, 2007, Filed
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Overview: Defendant's sentence was affirmed because district court granted a discretionary upward departure from the guideline range, explained its reasons in the record, and imposed a reasonable sentence; the final sentence was not selected at random, but was a reflection of the court's consideration of the guidelines and the 18 U.S.C.S. § 3553(a) factors.
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| United States v. Brain, No. 05-5375,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 5, 2007, Filed
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Overview: Application of U.S. Sentencing Guidelines Manual § 2D1.1(b)(6)(C) was proper because various dangerous chemicals were found throughout the house, the manufacturing operations took place over a period of weeks if not months, and the location of the lab within the house subjected defendant's minor son, to a substantial risk of harm.
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| United States v. Grayer, No. 05-6692,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 5, 2007, Filed
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Overview: Court affirmed the denial of defendant's motion to suppress evidence based on alleged Fourth and Fifth Amendment violations because a third party had authority to consent to a search of a residence in which evidence was found and officers' show of force was not coercive and did not rise to the level of constructive entry.
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| United States v. Perotti, No. 05-4227,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 5, 2007, Filed
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Overview: Sufficient evidence supported defendant's conviction of being felon in possession of ammunition under 18 U.S.C.S. § 922(g)(1). He previously had been convicted of felony, and ammunition was found not only on front floor board of vehicle that he had been driving but also was found in secured hospital corridor down which he was wheeled on gurney.
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