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   Federal Courts - 6th Circuit Court of Appeals - June 18, 2007

  
Booth v. Wal-Mart Stores E., L.P., 06-6129, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 18, 2007, Filed
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Overview: A store customer's negligence action against a store owner was properly dismissed because the child seat cart attachment that the customer tripped over was an open and obvious hazard which the owner had no duty to remove; the cart attachment was left in an open area of the owner's store no more than a minute or so before the accident.

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Lynch v. Nissan N. Am., Inc., No. 05-6687, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 18, 2007, Filed
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Ramonez v. Berghuis, No. 06-1852, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 18, 2007, Decided , June 18, 2007, Filed
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Overview: Defense counsel's belief that three witnesses would not be helpful was grounded on a fatally flawed foundation, for if he had only engaged in the minimal--and essential--step of interviewing the witnesses, he would have learned otherwise. Therefore his performance was deficient under the Sixth Amendment.

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United States v. Allen, No. 06-1590, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 18, 2007, Filed
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Overview: Defendant was properly convicted of making false claims to the IRS regarding tax returns, in violation of 18 U.S.C.S. § 287, as she caused the returns to be filed; that she ran a tax return preparation business, had a business stamp and filed electronically, and prepared returns for clients whose filings contained false information was sufficient.

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United States v. Burke, No. 06-5625, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 18, 2007, Filed
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Overview: Defendant had told a confidential informant several times during monitored conversations that his method of cooking amphetamine used about 1400 pills and would yield an ounce or two of methamphetamine. The district court conservatively estimated the quantity produced in each cook to be 14 grams of mixture containing methamphetamine.

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United States v. Hettinger, Nos. 04-3460, 04-3768, 05-3025, 05-3796, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 18, 2007, Filed
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Overview: Based upon the district court's analysis, the court sentenced defendant to 275 months in prison, a sentence 49 months lower than the low end of the applicable Guideline range. Also, the record contains no indication that the district court placed an unreasonable amount of weight on any pertinent factor and for those reasons, sentence was affirmed.

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United States v. Lengen, No. 05-4321, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 18, 2007, Filed
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Overview: Suppression motion was properly denied in drug-trafficking trial; officers plainly observed marijuana following traffic stop, vehicle was searched incident to arrest, and search warrant for residence was supported by probable cause. Sufficient evidence showed possession of firearms "in furtherance" of drug-trafficking under 18 U.S.C.S. § 924(c).

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United States v. Wilson, No. 06-1672, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 18, 2007, Filed
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Overview: District court did not err in imposing 87-month sentence following guilty plea to conspiracy to possess with intent to distribute 3.5 kilograms of cocaine, 21 U.S.C.S. §§ 841(a)(1), (b)(1)(B)(ii), and 846; reliance on judicially-found facts did not violate U.S. Const. amends. V and VI because district court understood that guidelines were advisory.

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Warshak v. United States, No. 06-4092, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 18, 2007, Decided , June 18, 2007, Filed
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Overview: Seizure of e-mails from an ISP, without either a warrant supported by probable cause, notice to the account holder to render the intrusion the functional equivalent of a subpoena, or a showing that the user maintained no expectation of privacy in the e-mail, violated the Fourth Amendment. Enjoining 18 U.S.C.S. § 2703(b)(1)(B)(ii) was appropriate.

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