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| Baker v. Barnhart, No. 05-3672,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 26, 2006, Filed
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Overview: Denial of SSDI benefits was affirmed where substantial evidence supported an ALJ's determination that claimant was not disabled as, pursuant to 20 C.F.R. § 404.1520(a)-(e), claimant's Social Security disability determination was made according to a five step sequential analysis, and claimant could have performed other work in the national economy.
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| DaimlerChrysler Corp. Healthcare Benefits Plan v. Durden, No. 05-1662,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 26, 2006, Decided , May 26, 2006, Filed
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Overview: Where the decedent married two women and participated in an ERISA plan that contained a Michigan choice of law provision, the first wife was the surviving spouse because Ohio law applied and the second wife provided insufficient evidence to rebut the presumption under Ohio law in favor of the continuation of the first marriage.
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| Doyle v. McFadden, Nos. 04-4253, 04-4367,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 26, 2006, Filed
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Overview: Plaintiff's § 1983 claims under federal and state law against a city and its police officer were properly dismissed after he was arrested for refusing to leave a government building over an hour after a school board meeting ended. Even if the hallway was a quintessential public forum, closing the building for cleaning was a reasonable restriction.
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| Maiden v. Ind. & Ohio Ry. Co., No. 05-3598,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 26, 2006, Filed
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Overview: A former railway employee's action under the Federal Employers' Liability Act, 45 U.S.C.S. § 51, was improperly summarily dismissed where he presented evidence that his employer failed to stop a train at an appropriate location and that it failed to adequately light a rail yard, which directly contributed to his injury.
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| United States v. Buchanan, No. 05-5544,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 26, 2006, Decided , May 26, 2006, Filed
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Overview: Balancing competing interests, goals and individual characteristics, the court found the recommended guidelines range to be appropriate and chose to sentence the inmate at the bottom of that range to impose a sentence sufficient, but not greater than necessary, to comply with the purposes set forth in the 18 U.S.C.S. § 3553(a)(2) factors.
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| United States v. McWhirter, Case No. 05-5309,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 26, 2006, Filed
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Overview: Defendant's 57-month prison sentence under advisory guidelines for being a felon in possession of a firearm was reasonable and not plainly in error because, although a district court did not recite the 18 U.S.C.S. § 3553(a) factors, it considered his substantial criminal history, contrition, capacity for gainful employment, and domestic situation.
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| United States v. Michel, No. 05-3623,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 26, 2006, Filed
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Overview: Defendant's 300 month sentence was affirmed because application of sentencing enhancements were appropriate and the court thoroughly explained its reasons for the sentence based on defendant's admitted, long-standing, substance abuse problem, the role it played in his crime spree, and defendants unwillingness to address the problem.
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| United States v. Peyton, NO. 05-3246,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 26, 2006, Filed
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Overview: District court properly determined that defendant's prior state conviction for escape was a "crime of violence" for purposes of the Armed Career Criminal Act, 18 U.S.C.S. § 924(e)(1) where in charging defendant with the crime of escape, the state of Ohio left out the possibility that defendant's conduct was non-violent.
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