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| Alexander v. Birkett, No. 06-1662,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 9, 2007, Filed
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Overview: Habeas petition, which was filed on October 8, 2004, was time-barred when claim regarding change in policy regarding parole eligibility of inmates sentenced to life in prison accrued under 28 U.S.C.S. § 2244(d)(1)(D) before June 2002, as prisoner could have discovered, through exercise of due diligence, factual predicate of claim before June 2002.
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| Smith v. Comm'r of Soc. Sec., No. 06-1625,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 9, 2007, Decided , April 9, 2007, Filed
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Overview: ALJ's failure to give reasons for rejecting two medical opinions did not violate treating source regulation, 20 C.F.R. § 404.1527(d)(2), because the physicians could not be classified as "treating sources." Claim for disability benefits was properly denied because substantial evidence supported ALJ's findings as to residual functional capacity.
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| Soe v. Gonzales, No. 06-3204,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 9, 2007, Filed
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Overview: Court lacked jurisdiction under 8 U.S.C.S. § 1158(a)(3) to review denial of asylum application as untimely based on IJ's finding that alien did not act within reasonable time in filing application even if he suffered extraordinary circumstances through extreme social isolation during time in North Carolina, as that finding was not question of law.
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| United States v. Lozano-Alvarez, No. 05-2702,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 9, 2007, Filed
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Overview: Defendant had failed to show how the district court's refusal to consider such a departure could have benefitted him in view of his extensive criminal record and his serial illegal re-entries and the district court at any rate chose not to exercise its post-Booker discretion to vary the sentence below the advisory guidelines.
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| United States v. Molina, No. 05-6552,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 9, 2007, Filed
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Overview: Defendant's conviction of being a felon in possession of a firearm, a violation of 18 U.S.C.S. § 922(g)(1), was affirmed because there was reasonable suspicion for the stop of his vehicle and his wife's testimony that defendant possessed and used the gun was sufficient for the jury to find that defendant had constructive possession of the gun.
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| Campbell v. Comm'r of Soc. Sec., No. 06-4293,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 10, 2007, Filed
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Overview: District court properly upheld denial of Social Security benefits because substantial evidence supported ALJ's determination that claimant could perform her past relevant work as receptionist, even with her physical limitations based on fact that she performed many normal activities, such as dressing herself, housework, and talking on telephone.
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| Currie v. Haywood County, No. 06-5683,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 10, 2007, Filed
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Overview: District court properly entered judgment for county following bench trial in citizen's § 1983 action arising from deputy's sexual assault; citizen failed to show that policies were inadequate or that constitutional violation was caused by lack of preventative program. District court's damage award against deputy in individual capacity was adequate.
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| Elgabi v. Toledo Area Reg'l Transit Auth., No. 06-3905,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 10, 2007, Filed
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Overview: District court properly granted summary judgment to former employer in case brought under Title VII of the Civil Rights Act and under Ohio Rev. Code Ann. § 4112.02 because employee failed to meet make out prima facie case as he did not show that he was treated differently than similarly situated employees who were not members of a protected class.
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| United States v. Hemphill, No. 06-1154,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 10, 2007, Filed
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Overview: Defendant's sentence was reversed and the matter remanded for resentencing because the government failed to evaluate defendant's cooperation and assistance and failed to determine whether or not defendant provided substantial assistance before it declined to file a U.S. Sentencing Guidelines Manual § 5K1.1 motion.
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