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| United States v. Graham, Nos. 05-2332 / 05-2347,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 20, 2007, Decided , April 20, 2007, Filed
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Overview: District court did not err in denying defendants' Fed. R. Crim. P. 33(a) motion for a new trial in an action arising from a kickback scheme; a cooperating witness's failure to produce several boxes of evidence until late in the trial did not constitute a Brady violation because the cooperating witness was not acting on behalf of the prosecution.
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| United States v. Kakos, No. 06-1263,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 20, 2007, Decided , April 20, 2007, Filed
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Overview: Court upheld conviction for interstate receipt of stolen property under 18 U.S.C.S. § 2315; in spite of defendant's argument that he was deprived of a unanimous jury verdict based on duplicitous indictment, defendant failed to challenge indictment under Fed. R. Crim. P. 12, failed to raise issue before trial court, and could not show plain error.
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| United States v. Lord, No. 05-6351,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 20, 2007, Filed
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Overview: Denial of motion to suppress was affirmed because the agents' deceit about being real estate investors did not negate defendant's consent to entry and although the agents exceeded the scope of the consent when they physically examined a gun case, there was enough independent evidence to establish probable cause for a search warrant.
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| United States v. Morton, No. 06-5264,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 20, 2007, Filed
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| West v. AK Steel Corp. Ret. Accumulation Pension Plan, No. 06-3442,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 20, 2007, Decided , April 20, 2007, Filed
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Overview: Summary judgment for early retirees was proper in action against pension plan for underpayment of benefits under 29 U.S.C.S. § 1132(a)(1)(B) of ERISA; plan's failure to use "whipsaw calculation" when determining value of lump-sum distributions from cash balance plan caused forfeiture of benefits. Pension Protection Act of 2006 was not retroactive.
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| Cooey v. Strickland, No. 07-3488,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 23, 2007, Decided , April 23, 2007, Filed
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Overview: Inmate's emergency motion for a stay of execution was denied because he had not demonstrated a likelihood of success with regard to his attempt to intervene in a § 1983 action that challenged the state's lethal injection protocol because he had not exhausted his administrative remedies as was required under the Prison Litigation Reform Act.
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| Craig v. White, No. 05-1821,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 23, 2007, Filed
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Overview: Petitioner was not entitled to equitable tolling of 28 U.S.C.S. § 2244(d)'s one-year limitations period, as actual innocence equitable tolling rule did not apply. He did not claim that new evidence undermined court's confidence in sentence but instead argued that he was actually innocent based on new reading of Michigan's habitual offender statute.
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| Maxwell v. Stanley Works, Inc., No. 06-6119,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 23, 2007, Filed
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| United States v. Esteppe, No. 05-6610,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 23, 2007, Decided , April 23, 2007, Filed
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Overview: Court upheld defendant's sentence for armed bank robbery as career offender under U.S. Sentencing Guidelines Manual § 4B1.1 because defendant's three prior convictions were all for crimes of violence and there was no basis to overturn district court's finding that defendant did not formulate a plan that included the three prior crimes.
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