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| Appoloni v. United States, Nos. 04-2068; 05-1049,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 7, 2006, Decided , June 7, 2006, Filed
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Overview: Early retirement incentive payments made to Michigan public school teachers, who relinquished their statutory tenure rights under Mich. Comp. Laws § 38.71 and resigned from their positions upon accepting the payments, constituted "wages" under 26 U.S.C.S. § 3121(a) and were taxable under the FICA, 26 U.S.C.S. § 3101 et seq.
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| Randhawa v. Gonzales, No. 04-4006,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 7, 2006, Filed
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Overview: Court lacked jurisdiction to review BIA's decision not to reopen immigration proceedings sua sponte because the decision whether to invoke sua sponte authority was committed to unfettered discretion of BIA and was not subject to judicial review. Court lacked jurisdiction over petition for review when alien failed to exhaust administrative remedies.
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| Tram v. Gonzales, No. 05-3232,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 7, 2006, Filed
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Overview: Court of appeals denied an alien's petition seeking review of BIA's order affirming an IJ's decision that the alien was not eligible for asylum, withholding of removal, or relief under the INA or CAT because there was no evidence that any of the Cambodians responsible for violence were aware of his involvement in the Sam Rainsy Party.
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| United States v. Guzman, No. 04-2497,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 7, 2006, Decided , June 7, 2006, Filed
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Overview: Defendant failed to present any evidence showing that jury pool was tainted by follow-up questioning during voir dire. He did not overcome presumption of juror impartiality. Jurors stated that they were capable of being fair and impartial and of deciding case based upon evidence presented at trial. District court had found jurors to be impartial.
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| United States v. Johnson, No. 04-2474,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 7, 2006, Filed
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Overview: Court rejected defendant's ineffective assistance of counsel claim on direct appeal from his drug-related conviction under 21 U.S.C.S. § 841 because the court did not generally entertain such claims on direct appeal and defendant's appeal was not a rare one prompting the court to depart from its customary practice.
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| United States v. Lester, No. 05-5586,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 7, 2006, Filed
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Overview: Denial of defendant's motion to suppress was reversed. The warrant that issued and the search that occurred could not be said to have been reasonably aimed at the narrower search that might have been supported by probable cause. Consequently, the Leon exception did not apply and the evidence seized should have been suppressed.
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