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   Federal Courts - 6th Circuit Court of Appeals - June 16, 2006

  
Bell v. Konteh, No. 05-3503, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 16, 2006, Decided , June 16, 2006, Filed
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Overview: Prisoner exhausted administrative remedies pursuant to 42 U.S.C.S. § 1997e(a) with respect to failure-to-protect claim against warden because prisoner complied with grievance procedure set forth in Ohio Admin. Code 5120-9-31(L) by filing grievances against warden. Grievances gave officials fair notice of alleged mistreatment forming basis of claim.

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DiCenzi v. Rose, No. 04-3571, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 16, 2006, Decided , June 16, 2006, Filed
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Overview: An inmate's habeas petition was timely as to his claim that the state appellate court denied him due process when it denied his motion to file a delayed appeal, because the motion for delayed appeal tolled the statute of limitations under 28 U.S.C.S. § 2244(d) during the time the motion was pending; remand was also necessary as to other claims.

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Johnson v. Wilson, No. 04-3830, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 16, 2006, Filed
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Overview: A federal district court properly found that a state inmate procedurally defaulted on the claims that he raised in his 28 U.S.C.S. § 2254 habeas corpus petition by failing to raise them on direct appeal because a borderline mental impairment was not cause for excusing such procedural default.

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Mullaj v. Gonzales, No. 05-3234, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 16, 2006, Filed
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Overview: An alien's petition for review of the BIA's affirmance of an IJ's denial of his asylum application under 8 U.S.C.S. § 1158 was denied because the IJ's adverse credibility determination was supported by substantial evidence. The alien could not establish his identify, offered conflicting testimony, and changed his testimony on cross-examination.

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Shields v. Gov't Emples. Hosp. Ass'n, No. 05-1037, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 16, 2006, Decided , June 16, 2006, Filed
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Overview: A no-fault insurer was obligated to reimburse plaintiff for medical expenses that she repaid to an employment benefits plan because the plan's initial payments were not "amounts paid" under the terms of the no-fault policy, and plaintiff could not be required to pay those expenses from her tort recovery under Mich. Comp. Laws § 500.3116.

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United States v. Jackson, No. 05-3221, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 16, 2006, Filed
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Overview: Defendant's 33-month sentence, where he pled guilty to violating 21 U.S.C.S. § 846, was reasonable because the federal district court considered several 18 U.S.C.S. § 3553(a) factors and defendant's plea agreement precluded a downward departure. Given that no enhancement applied, defendant's double counting argument was misplaced.

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United States v. Lane, No. 05-5243, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 16, 2006, Filed
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Overview: Denial of defendant's motion to suppress evidence seized pursuant to a search warrant was affirmed because officers acted in good faith in relying on the warrant to support the search of defendant's home. The warrant affidavit provided sufficient information to establish a nexus between defendant's home and a suspected methamphetamine laboratory.

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United States v. Matheny, No. 05-6282, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 16, 2006, Decided , June 16, 2006, Filed
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Overview: Defendant's sentence was affirmed where he received sufficient notice of specific grounds for an upward departure, the district court's sentence was reasonable, and although the district court may have committed error when it considered his prior arrests when imposing sentence, that error did not affect defendant's substantial rights.

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Whitaker v. United States, No. 04-5167, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 16, 2006, Filed
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Overview: A federal district court did not abuse its discretion by denying an inmate's Fed. R. Civ. P. 60(b)(6) motion to reinstate his 28 U.S.C.S. § 2255 motion attacking his sentence because his attorney was not ineffective. The sentence would have been the same even if the attorney had provided evidence that a former conviction had been expunged.

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