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| Gregory v. City of Louisville, Nos. 04-5856/5859/6482,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 11, 2006, Decided , April 11, 2006, Filed
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Overview: Summary judgment decisions were affirmed in part and denied in part in a § 1983 action by a former prisoner, whose conviction was vacated on DNA evidence, against, inter alia, police, city, and forensic examiner; the court lacked jurisdiction to entertain an interlocutory appeal from an order denying qualified immunity except on pure issues of law.
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| Hobt v. Comm'r of Soc. Sec., No. 05-5631,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 11, 2006, Filed
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Overview: The dismissal of an appeal of a finding that a request for a hearing on the denial of disability benefits was untimely was reversed because the use of a presumption of receipt within five days of the date of mailing of a denial of reconsideration was erroneous and the hearing request was timely where it was made within 60 days of receipt of notice.
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| Kasben v. Dery, No. 05-1701,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 11, 2006, Filed
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Overview: Divorce settlement order did not undermine the bankruptcy court's holding that, by consenting to the sale of both farms, the ex-husband assumed the costs associated with their sale; therefore, the bankruptcy court correctly held that the ex-wife was entitled to receive her divorce award net of the selling costs.
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| Primax Recoveries, Inc. v. Gunter, No. 04-6357,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 11, 2006, Filed
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| United States ex rel. Pogue v. Diabetes Treatment Ctrs. of Am., Inc., No. 04-6130,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 11, 2006, Decided , April 11, 2006, Filed
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Overview: Under 28 U.S.C.S. §§ 1294, 1407, a nonparty who was compelled to produce disclosed documents under Fed. R. Civ. P. 37 correctly appealed to the circuit court of appeals that embraced the deposition district; the order, however, was not reviewable under 28 U.S.C.S. § 1291 because the nonparty had not incurred an appealable contempt citation.
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| United States v. Geig, No. 05-3699,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 11, 2006, Filed
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Overview: The enhancement of defendant's sentence for conspiracy based on judicial fact-finding concerning mass marketing and the number of victims did not violate his Sixth Amendment right to a jury trial under Booker because the district court considered the guideline sentencing range as advisory.
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| United States v. Hang Le-Thy Tran, No. 04-1801,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 11, 2006, Filed
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| United States v. Vu Van Nguyen, No. 05-1550,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 11, 2006, Filed
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Overview: Because the appellate court concluded that the district court's conclusion that defendant was responsible for more than 100 kilograms of marijuana was not clear error, that his sentence did not offend the Sixth Amendment, and that the sentence was reasonable, the court affirmed the district court's decision.
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| Walburn v. Lockheed Martin Corp., No. 04-3458,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 11, 2006, Filed
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