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| Cabrera-Ramos v. Gonzales, No. 06-3034,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 9, 2007, Filed
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Overview: BIA properly affirmed IJ's order that citizen of El Salvador abandoned claim for withholding of removal under 8 U.S.C.S. § 1231(b)(3)(A) and CAT after failing to file application within time period set by IJ under 8 C.F.R. § 1003.31(c); IJ provided adequate notice by apprising alien orally of three important dates. Alien never expressed confusion.
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| United States v. Mitchell, No. 05-4529,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 9, 2007, Filed
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Overview: Defendant's appeal of his sentence for violating 18 U.S.C.S. § 922(g)(1) failed where the sentencing court had reviewed the relevant factors, 18 U.S.C.S. § 3553, before sentencing. It provided its reasoning for the sentence chosen, especially defendant's serious record, the potential for rehabilitation in prison, and the need for deterrence.
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| J.B.D.L. Corp. v. Wyeth-Ayerst Labs., Inc., Nos. 05-3860/3988,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 10, 2007, Decided , May 10, 2007, Filed
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Overview: District court properly granted summary judgment for drug manufacturer in wholesale and retail purchasers' action alleging violation of 15 U.S.C.S. § 2; there was no evidence of a causal connection between manufacturer's actions to maintain its market share within managed care organizations and its later decision to increase prices to purchasers.
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| Poundstone v. Patriot Coal Co., Nos. 05-5344/5421,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 10, 2007, Decided , May 10, 2007, Filed
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Overview: In action arising from failure to make contingent benefit payments related to coal mining lease, district court abused discretion in setting prejudgment interest rate at five percent. In light of liquidated nature of judgment against defendant, Ky. Rev. Stat. Ann. § 360.010 required eight percent notwithstanding historically low interest rates.
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| United States v. Ferrell, No. 06-5927,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 10, 2007, Filed
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Overview: District court properly found that defendant qualified as career offender under U.S. Sentencing Guidelines Manual §§ 4B1.1, 4B1.2 following his guilty plea under 18 U.S.C.S. § 2113(a); six aggravated burglaries in one Tennessee county and one aggravated burglary in another Tennessee county constituted at least two prior qualifying convictions.
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