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| Carter v. Bank One, No. 05-5201,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 4, 2006, Filed
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Overview: In dismissing the case as a matter of comity, the district court did not abuse its discretion in concluding that findings about the scope and perhaps the validity of a freeze order should have been made initially by the Alabama court that entered the freeze order, which was in the best position to know what that order intended to cover.
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| Hubbard v. Gross, No. 05-5088,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 4, 2006, Filed
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Overview: Because there was no dispute that plaintiff pushed an officer and was kicking at other officers, there was probable cause to arrest plaintiff and indict for third degree assault. There was no constitutional violation and qualified immunity on the federal malicious prosecution claim was proper in plaintiff's 42 U.S.C.S. § 1983 action.
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| Konate v. Gonzales, No. 04-4492,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 4, 2006, Filed
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Overview: Without describing its analysis, court upheld denial of an alien's application for asylum and other relief; IJ identified inconsistencies that undermined alien's credibility and relief upon relevant State Department country reports to discount alien's fear that her daughter would be subjected to female genital mutilation in Republic of Congo.
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| Toma v. Gonzales, No. 04-4310,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 4, 2006, Filed
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Overview: Even though a Iraqi Chaldean Christian established past persecution thereby establishing a presumption of future persecution, the overthrow of the Iraqi regime was substantial evidence that the presumption of future persecution based on past persecution had been successfully rebutted. She was not entitled to asylum relief, 8 U.S.C.S. § 1158.
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| United States v. Chalmers, No. 05-6137,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 4, 2006, Filed
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Overview: Where defendant conceded at his plea hearing that the counterfeit checks underlying his conviction totaled $ 42,000, and the United States presented evidence at sentencing that the amounts in the checks exceeded $ 42,000, ample evidence supported the enhancement of defendant's sentence per U.S. Sentencing Guidelines Manual § 2B1.1(b)(1)(D).
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| United States v. Ibarra, No. 05-2196,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 4, 2006, Filed
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| United States v. Jackson, NO. 05-3239,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 4, 2006, Filed
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Overview: Bank robbery conviction was affirmed because defendant relinquished his right to self-representation, his motion to suppress evidence seized after a stop and frisk was properly denied, there was no error in granting defense counsel's motion for a mental competency examination pursuant to 18 U.S.C.S. § 424, and the Speedy Trial Act was not violated.
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