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   Federal Courts - 6th Circuit Court of Appeals - May 8, 2007

  
United States v. Williams, Case No. 04-6208, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 8, 2007, Filed
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Overview: Reviewing court vacated defendant's sentence and remanded for resentencing because district court, which sentenced defendant pre-Booker, failed to engage in any analysis of 18 U.S.C.S. § 3553(a) factors in imposing identical alternative sentence in anticipation of Booker; district court's analysis did not permit meaningful reasonableness review.

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Vasquez v. Jones, No. 04-2274, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 8, 2007, Decided , May 8, 2007, Filed
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Overview: Trial court's reading of Mich. R. Evid. 609(a)'s "during cross-examination" language was hyper literal and foreclosing the witness' prior crimes impeachment was determined to be a violation of prisoner's Confrontation Clause rights; determination that any error was harmless represented an unreasonable application of Supreme Court jurisprudence.

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Wells v. United States, NO. 05-3726, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 8, 2007, Filed
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Overview: Appellate court affirmed the district court's decision that sentenced defendant to a different penitentiary because even though the district court had recommended a particular institution in which defendant could be incarcerated, the ultimate determination of where an inmate would be incarcerated laid with the Bureau of Prisons.

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Zacarias v. Gonzales, No. 06-3581, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 8, 2007, Filed
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Overview: Regardless of whether asylee's father was killed because he was a member of a civil patrol, the evidence did not compel the result that the asylee was the victim of past persecution under the DeLeon standards, specifically: detention, arrest, interrogation, prosecution, imprisonment, illegal searches, confiscation of property, beatings, or torture.

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Zanders v. Potter, 06-2066, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 8, 2007, Filed
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Overview: Postmaster General properly was awarded summary judgment on employee's Title VII race discrimination claim because letter of warning placed in employee's file did not constitute adverse employment action of type necessary to establish prima facie case of discrimination, as letter did not result in loss of position, salary, benefits, or prestige.

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