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   Federal Courts - 6th Circuit Court of Appeals - April 19, 2007

  
City of Cookeville v. Upper Cumberland Elec. Mbrshp. Corp., Nos. 05-5886; 06-5363, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 19, 2007, Decided , April 19, 2007, Filed
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Overview: Compensation award was affirmed because Tenn. Code Ann. § 6-51-112 required as part of the compensation that the city had to pay to the cooperative an amount equal to the cost of constructing any necessary facilities to reintegrate the system of the cooperative outside the annexed area after it detached the portion to be sold.

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Revis v. Meldrum, Nos. 06-5197/5399, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 19, 2007, Decided , April 19, 2007, Filed
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Overview: Although seizure of plaintiff's real property and his eviction did violate his due process rights under the Fourteenth Amendment, the sheriff deputy was entitled to qualified immunity because he relied on advice from the county attorney, the language of the writs was unclear, and there was an absence of clearly established caselaw.

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S&M Brands, Inc. v. Summers, No. 06-5148, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 19, 2007, Filed
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Overview: Dismissal of tobacco companies complaint was affirmed because the state's tobacco statutes at issue were identical in all material respects to Kentucky legislation which the appellate court had previously found did not violate § 1 of the Sherman Act, 15 U.S.C.S. § 1 and the companies abandoned their constitutional claims on appeal.

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Sarr v. Gonzales, No. 05-4558, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 19, 2007, Decided , April 19, 2007, Filed
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Overview: Alien's request for asylum was properly denied because without question various arrests or detentions mentioned by the alien in either his application or his oral testimony were not included in the other and there was not a well founded fear of future persecution in Senegal because of changed country conditions since the alien left in 1991.

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United States v. Burton, NO. 05-2217, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 19, 2007, Filed
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Overview: Imposition of 33-month sentence following defendant's convictions under 18 U.S.C.S. §§ 1344, 513(a), (c) was reasonable; defendant failed to show that district court acted in substantively or procedurally unreasonable manner by failing to grant a departure under 18 U.S.C.S. § 3553(b) given defendant's age of 65 years and her alleged infirmities.

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United States v. Hamid, No. 06-3047, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 19, 2007, Filed
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Overview: Imposition of 230-month sentence following Booker remand was reasonable; district court considered relevant 18 U.S.C.S. § 3553(a) factors, applicable Guidelines range, and arguments. Significant weight was given to original sentencing judge's comments and need to avoid unwarranted sentencing disparities in light of codefendants' 60-month sentences.

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United States v. Quinlan, No. 05-2060, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 19, 2007, Filed
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