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| Bachman v. Bagley, No. 05-3054,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 18, 2007, Decided , May 18, 2007, Filed
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Overview: Habeas petitioner's adjudication as a sexual predator under Ohio law did not effectively reopened the judgment against him and restart the 28 U.S.C.S. § 2244(d)(1) statute of limitations period as to his original conviction, but only with respect to challenges to the sexual predator designation.
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| Durr v. Mitchell, No. 00-3353,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 18, 2007, Decided , May 18, 2007, Filed
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Overview: Evidence, although circumstantial, was "highly probative" where witness testified that she saw victim tied up in death row inmate's car, and that the inmate had told her that he was going to "waste" the victim because "she would tell." The body was nude from the waist down, and a jury could have reasonably inferred that the victim had been raped.
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| Mapouya v. Gonzales, No. 06-3042,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 18, 2007, Decided , May 18, 2007, Filed
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Overview: Where Immigration Judge briefly addressed immigrant's claim under Convention Against Torture, stating simply that evidence fell well short of grant under that section of law, basing conclusion on the fact that immigrant testified that he was repeatedly beaten for months but brought forward no medical evidence, IJ's scant reasoning was inadequate.
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| Samatar v. Clarridge, No. 06-3833,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 18, 2007, Filed
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Overview: There was no basis to grant a habeas petitioner relief under 28 U.S.C.S. § 2254 where, even if a state expert's finding of no cathine was flawed, his strong testimony created sufficient evidence to justify a rational trier of fact in finding the khat in the petitioner's possession contained a high level of cathinone.
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| United States v. Arnold, No. 04-5384,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 18, 2007, Decided , May 18, 2007, Filed
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Overview: Because the victim's statements to a 911 operator, and to police at the scene, and when defendant appeared on the scene were nontestimonial and because defendant had not shown that the admission of the statements violated Fed. R. Evid. 803(2) or any other rule, their admission did not violate the Confrontation Clause of the Sixth Amendment.
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| United States v. Clark, No. 06-5378,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 18, 2007, Filed
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Overview: District court did not err in reimposing 210-month sentence for violation of 21 U.S.C.S. § 841(a), (b)(1)(C) following Booker remand; refusal to revisit indictment argument was proper, consideration of prior convictions for career offender status purposes did not violate Sixth Amendment, and sentence was procedurally and substantively reasonable.
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| United States v. Damian, No. 06-5425,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 18, 2007, Filed
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Overview: District court did not err in sentencing defendant to 160 months in prison pursuant to his plea of guilty to conspiring to distribute methamphetamine in violation of 21 U.S.C.S. § 846 because the district court recognized the advisory nature of the U.S. Sentencing Guidelines and considered the relevant factors under 18 U.S.C.S. § 3553.
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| United States v. Zaky, No. 05-4654,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 18, 2007, Filed
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Overview: Although advisory Guidelines range was 12 to 18 months for defendant's violations of 18 U.S.C.S. §§ 1341, 1343, 1001 and 31 U.S.C.S. § 333, district court's sentence of 30 months was reasonable. District court explicitly discussed 18 U.S.C.S. § 3553(a) factors and found 18-month sentence inadequate to punish continued course of fraudulent conduct.
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| Chicago Title Ins. Corp. v. Magnuson, No. 05-4411,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 21, 2007, Decided , May 21, 2007, Filed
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Overview: Covenant not to compete was enforceable for at least two years after employee left plaintiff's employ because, inter alia, plaintiff had critical customer and employment relationships to protect and the employee could influence the continuity of those relationships.
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