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| United States v. Johnson, No. 05-5327,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 5, 2006, Filed
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Overview: The district court did not violate the Sixth Amendment in calculating defendant's criminal history category because the factors it relied upon, which were not admitted by defendant or found by a jury, fell within the prior conviction exception, as they were sufficiently implicit in the fact of his prior convictions to fall within the exception.
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| United States v. Lawson, No. 05-5598,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 5, 2006, Filed
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Overview: Denial of defendant's motion to suppress was affirmed. While officers did not leave a copy of affidavit with defendant, at least one copy did accompany warrant during the search. Fed. R. Crim. P. 41 did not apply and Tenn. R. Crim. P. 41 did not require the officers to leave a copy of the affidavit. Redacted affidavit established probable cause.
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| NLRB v. Robert Orr/Sysco Food Servs., LLC, No. 05-1499,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 6, 2006, Filed
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Overview: Employer violated the National Labor Relations Act, 29 U.S.C.S. § 158(a)(1), (3), and (4) by interrogating employees as to their views on union, by altering various work rules, and by soliciting grievances with implied promises to remedy them. Substantial evidence existed to support the National Labor Relations Board's affirmance of those findings.
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| Spencer v. Bouchard, No. 05-2562,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 6, 2006, Decided , June 6, 2006, Filed
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Overview: Although a pretrial detainee waived certain claims by failing to object to a magistrate's report and failed to exhaust his administrative remedies as to other claims, he raised genuine issues of fact as to two officers' deliberate indifference to his extended exposure to cold and wet conditions in violation of the Fourteenth Amendment.
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