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| Manning v. Rogers, No. 04-4019,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 24, 2006, Filed
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Overview: Habeas petition failed because the state appellate court did not mischaracterize the inmate's claim when it observed that her argument regarding her expert witness's disappointing testimony did not make out a Strickland argument because it did not relate to her attorney's decision to rely on that expert.
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| Silberstein v. City of Dayton, No. 05-3630,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 24, 2006, Filed
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| Superior Beverage Co. v. Schieffelin & Co., Nos. 05-3698 / 05-3787 / 05-3854,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 24, 2006, Decided , May 24, 2006, Filed
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Overview: District court improperly dismissed one action and remanded related action based on doctrine of abstention because U.S. Const. amend. XXI did not require abstention merely because the litigation related to alcohol distribution or because the statute in question, Ohio Rev. Code Ann. § 1333.87, had not previously been considered by a state court.
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| United States v. Alford, No. 04-6117,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 24, 2006, Filed
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| United States v. Barnes, 05-1072,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 24, 2006, Filed
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Overview: Where defendant was sentenced under a mandatory sentencing guidelines scheme and was given an alternate sentence if the guidelines were deemed unconstitutional, defendant's sentence was vacated and the case remanded so that the district court could explain how the alternate sentence furthered the sentencing purposes of 18 U.S.C.S. § 3553(a).
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| United States v. Cheney, No. 04-6516,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 24, 2006, Filed
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Overview: Defendant's sentence was affirmed because the district court did not err in calculating his guidelines sentence or in applying USSG § 2K2.1(b)(5) to defendant when loaded guns were in the same storage unit as digital scales and drugs. A remand for resentencing under Booker was not required since the district court gave an alternative sentence.
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| United States v. Miller, NO. 04-5301,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 24, 2006, Filed
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Overview: District court erred by finding that defendant was not eligible for safety-valve relief under U.S. Sentencing Guidelines Manual § 5C1.2 because he failed to cooperate fully with the United States; information defendant failed to disclose was not "relevant" to his drug conviction under 21 U.S.C.S. § 846 or a related shooting.
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| United States v. Speight, No. 05-5961,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 24, 2006, Filed
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Overview: Defendant was properly sentenced as an armed career criminal under U.S. Sentencing Guidelines Manual § 4B1.4(b)(3)(A). He pleaded guilty to 18 U.S.C.S. § 922(g) and did not object to prior violent felonies listed in the presentence report. The sentence was reasonable under 18 U.S.C.S. § 3553(a); recitation of sentencing factors was unnecessary.
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