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   Federal Courts - 6th Circuit Court of Appeals - May 22 - May 23, 2007

  
Jaber v. Gonzales, No. 05-3882, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 22, 2007, Decided , May 22, 2007, Filed
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Overview: Following BIA's affirmance of denial of 8 U.S.C.S. § 1186a(c)(4) waiver request and of IJ's refusal to reopen, there was no statutory basis for court to hear Lebanese native's petition for review of BIA's refusal to reopen; denial was not issued until after habeas petition was filed and district court transferred case under 8 U.S.C.S. § 1252(a)(5).

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Peete v. Metro. Gov't, No. 06-5321, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 22, 2007, Decided , May 22, 2007, Filed
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Overview: District court erred in denying qualified immunity to paramedics in § 1983 wrongful death action; restraint of individual in unconscious epileptic state during attempt to render aid did not constitute a "seizure" under U.S. Const. amend. IV. Any failure to render appropriate medical treatment did not constitute violation of U.S. Const. amend. XIV.

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United States v. Tackett, No. 06-5182, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 22, 2007, Decided , May 22, 2007, Filed
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Overview: District court did not err in denying motion to suppress silencers and firearm found during inventory search of defendant's backpack, as there was no Fourth Amendment violation. Evidence supported existence of inventory policy based on officers' testimony that they relied on standard policy of inventorying all personal items and opening containers.

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Riverview Trenton R.R. v. DSC, Ltd. (In re DSC, Ltd.), No. 06-1813, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 23, 2007, Decided , May 23, 2007, Filed
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Overview: Appellate court found that the bankruptcy court did not err in establishing and enforcing a joinder deadline because 11 U.S.C.S. § 303 did not prohibit the court from setting an earlier deadline in order to ensure efficient proceedings.

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United States v. Brika, No. 05-4537, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 23, 2007, Decided , May 23, 2007, Filed
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Overview: Defendant's sentence of 156 months of imprisonment for violating 18 U.S.C.S. § 875 was considered to be reasonable because the district court had considered the fact that defendant had little criminal history, his family and friends extended warm support for him, and while he was incarcerated, he had done several good things.

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