Justia U.S. 6th Circuit Court of Appeals Opinion Summaries

In 2009, Augustin asked Jordan to “find somebody” who sold cocaine. “Hoss,” subsequently sold Augustin six ounces of cocaine for $5,100. The deal went bad and Augustin kidnapped Jordan at gunpoint. Augustin’s associate released Jordan. Augustin was arrested. From prison, Augustin tried to arrange for a hitman to kill Jordan. The district court ultimately sentenced Augustin to a 380-month term for seven counts of conviction plus a consecutive 120-month term under 18 U.S.C. 924(c) for using a firearm during a crime of violence. After an unsuccessful appeal, Augustin unsuccessfully moved to vacate, set aside, or correct his sentence under 28 U.S.C. 2255.Later, Augustin filed a second or successive section 2255 motion, arguing that his section 924(c) conviction was unlawful under the Supreme Court’s 2019 “Davis” decision. The district court agreed. Rather than resentencing Augustin, the court corrected his sentence by vacating the section 924(c) conviction and its consecutive 120-month sentence. The Sixth Circuit affirmed. Augustin’s section 924(c) sentence played no role in the district court’s calculation of his other sentences. View "United States v. Augustin" on Justia Law

After serving several stints in prison, Latimer moved into his girlfriend’s Akron home. When Ohio parole officers knocked on the door, Latimer, apparently freshly awakened greeted the officers and allowed them to enter. The officers noticed a 9-millimeter pistol on a loveseat, just steps away. The officers detained Latimer and requested assistance to search the entire home. In Latimer’s bedroom, officers discovered large sums of cash, including a six-inch stack of dollar bills. Officers found three cell phones, dialed Latimer’s known phone number, causing one of the phones to ring. The phone contained text messages referencing Latimer’s “strap,” an indication that Latimer owned and was using a firearm. Information extracted from the phones suggested that all three belonged to Latimer and revealed that Latimer was selling powder cocaine out of the home. In an adjacent bedroom, officers found two additional firearms. In the kitchen, officers discovered numerous baggies of cocaine and a digital scale, a picture of which was saved on one of the seized phones, and more cash.Latimer was convicted under 21 U.S.C. 841(a)(1) and (b)(1)(C), and for being a felon in possession of a firearm, 18 U.S.C. 922(g). The district court sentenced Latimer to 175 months plus 24 months’ imprisonment, to be served consecutively, for supervised-release violations. The Sixth Circuit affirmed, rejecting an argument that the government failed to show that Latimer possessed the contraband found at his residence. View "United States v. Latimer" on Justia Law

In 1989, Middlebrooks of felony murder and aggravated kidnapping and sentenced to death. His conviction and death sentence were upheld on direct and collateral review. When Middlebrooks was sentenced to death, electrocution was Tennessee’s only method of execution. In 2000, Tennessee adopted lethal injection as the default method of execution. Under current law, electrocution is an option for execution only if an inmate sentenced to death before 1999 chooses execution by electrocution; lethal injection is declared unconstitutional; or the Commissioner of the Tennessee Department of Correction (TDOC) certifies that a necessary lethal-injection ingredient is unavailable. Middlebrooks will not choose execution by electrocution. In 2018, TDOC adopted a three-drug protocol of midazolam, vecuronium bromide, and potassium chloride as an alternative to pentobarbital.Middlebrooks and other death row challenged the constitutionality of the three-drug protocol. Tennessee then eliminated the pentobarbital protocol The state court dismissed their complaint. The Tennessee Supreme Court affirmed, concluding that the plaintiffs failed to meet their burden of proving that pentobarbital was available as an alternative means of execution, although other states used pentobarbital in executions.The district court dismissed Middlebrooks’ 42 U.S.C. suit, citing res judicata. The Sixth Circuit reversed in part. Middlebrooks' facial challenge plausibly alleged new facts that allow a reasonable inference that pentobarbital is available to Tennessee for use in executions. Middlebrooks’s as-applied claim does not rest on any newly developed individual condition that would render impermissible the application of res judicata principles. View "Middlebrooks v. Parker" on Justia Law

Before 2013, the Michigan Department of Corrections provided kosher meals with meat and dairy to Jewish prisoners and allowed charitable Jewish organizations to bring in traditional religious foods for Jewish holidays. In 2013, MDOC implemented a universal vegan meal for all prisoners who qualify for a religious diet and stopped allowing Jewish organizations to send food. Prisoners claiming that their religious convictions require them to eat a meal with kosher meat and one with dairy on the Jewish Sabbath and four Jewish holidays brought a class action on behalf of all Jewish MDOC prisoners under the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. 2000cc-1(a), arguing that the policy substantially burdens their sincere religious beliefs.The Sixth Circuit affirmed a judgment in the prisoners’ favor. Because MDOC’s policy completely bars the asserted practice here—eating meat and dairy at mealtime—the prisoners’ failure to buy meat and dairy products at the commissary does not undermine the sincerity of their belief. Even if the prisoners spent every penny on beef sticks and dry milk, prison policy would still bar their religious exercise of eating those items as part of their meals. There was evidence suggesting that these prisoners do in fact sincerely believe that cheesecake is required on Shavuot. View "Ackerman v. Washington" on Justia Law

A Xenia Police dispatcher contacted officer Reed about a double-parked vehicle with the person in the backseat allegedly “shooting up.” Reed observed a vehicle straddling the line between a standard parking spot and a handicap-only space; it was not displaying a handicap placard or license plate and was illegally parked. Prigmore opened the rear passenger door of the vehicle. Reed saw what appeared to be a handgun in the pocket of the door; he activated his body camera, unholstered his firearm, and secured the gun. With Prigmore out of the vehicle, Reed observed another firearm (a BB gun) on the seat where Prigmore had been sitting.Days later, federal agents arrested Prigmore for drug trafficking. The agents did not interview or Mirandize Prigmore immediately because he appeared to be “under the influence.” When he arrived at booking, Prigmore appeared coherent and stated—unprompted—“that gun was mine.” A warranted search of Prigmore’s residence uncovered a box of ammunition. Charged with possessing a firearm and ammunition as a felon, 18 U.S.C. 922(g)(1), Prigmore had a “volatile relationship” with his attorneys, resulting in two competency hearings. The Sixth Circuit affirmed his conviction and 120-month sentence, rejecting arguments that the district court erred in finding him competent to stand trial, should have granted his motions to suppress, and that his sentence was substantively unreasonable. View "United States v. Prigmore" on Justia Law

In 2009, Lemons pleaded guilty as a felon in possession of a firearm and was sentenced to 180 months’ imprisonment, based on the Armed Career Criminal Act (ACCA), which requires the imposition of a 180-month mandatory minimum sentence if the defendant has “at least three previous convictions for certain ‘violent’ or drug-related felonies.” The district court concluded that Lemons' three Tennessee convictions for aggravated burglary qualified as ACCA predicate offenses. The Sixth Circuit affirmed and later ordered the reinstatement of that sentence after the district court granted Lemons 28 U.S.C. 2255 relief.After serving approximately seven years of his sentence, Lemons sought a sentence reduction under 18 U.S.C. 3582(c)(1)(A)(i), citing the risk presented by COVID-19 given his medical condition (hypothyroidism), his lengthy sentence, and his progress towards rehabilitation. The district court denied the motion, finding that Lemons did not present extraordinary and compelling reasons warranting a sentence reduction, and declining to consider 18 U.S.C. 3553(a)’s factors. The Sixth Circuit affirmed, noting Lemons’ access to the COVID-19 vaccine. Rehabilitation alone is not a basis for relief and Lemons’ mandatory minimum sentence is not a post-sentencing factual development that can serve as an extraordinary and compelling reason to reduce a sentence. View "United States v. Lemons" on Justia Law

Marc was arrested and taken to the Madison County Detention Center (MCDC). Marc’s wife, Dawn, told the police that her husband had lung cancer and needed immediate medical attention. Marc’s medical records also stated that he had a blood clot in his leg. Dawn alleges that medical staff removed his pain medication patch, placed him on “inappropriate” psychoactive medications, and failed to provide him with his prescriptions. The medical contractor, Correct Care, refused to honor Marc’s scheduled chemotherapy appointments. Marc was transferred to Kentucky State Reformatory (KSR). He arrived with an elevated heart rate, difficulty breathing, and swelling in his leg. Staff withheld his prescribed medication, breathing treatments, and chemotherapy. Marc died less than a month after his arrest. His family was informed two days later. The autopsy revealed fluid accumulated in his lungs. Medical staff would have discovered this fluid if they had administered his prescribed breathing treatments.Dawn’s 42 U.S.C. 1983 Eighth Amendment complaint alleged supervisory liability against Erwin, Acting Commissioner of the Kentucky Department of Corrections, claiming that Erwin “accepted” Marc’s transfer into KSR and “would have been made aware of [Marc’s] medical conditions” and had promulgated and maintained some of KSR’s allegedly unconstitutional policies. Dawn alleged that Erwin was “specifically aware that Correct Care” had a pattern of failing to provide inmates with adequate health care. The Sixth Circuit ordered the dismissal of the claims against Erwin. Dawn's complaint did not allege any “active unconstitutional behavior” by Erwin nor explain how his behavior proximately caused Marc’s injuries; Erwin is entitled to qualified immunity. View "Crawford v. Tilley" on Justia Law

Nicolescu, Miclaus, and coconspirators posted fake eBay car auctions. Operating from Romania, they concealed their IP addresses, and employed US-based “money mules,” to collect payments from unsuspecting buyers, taking in $3.5-$4.5 million. In 2014, a virus created by Nicolescu was embedded in the eBay auctions and in spam emails to collect more than 70,000 account credentials, including 25,000 stolen credit-card numbers. Their network of virus-infected computers “mined” for cryptocurrency, reaping $10,000–$40,000 per month, 2014-2016. The FBI and Romanian police executed a search warrant on members’ residences and retrieved electronic devices. Nicolescu and Miclaus were convicted of conspiracy to commit wire fraud, 12 counts of wire fraud, conspiracy to commit computer fraud, conspiracy to traffic in counterfeit service marks, five counts of aggravated identity theft, and conspiracy to commit money laundering.The district court added 18 levels to their Guidelines calculation (U.S.S.G. 2B1.1(b)(1)(J)) for causing a loss of $3.5-$9.5 million, two levels (2B1.1(b)(4)) for being in the business of receiving and selling stolen property, two levels (2B1.1(b)(11)(B)(i)) for trafficking unauthorized access devices, four levels (2B1.1(b)(19)(A)(ii)) for being convicted under 18 U.S.C. 1030(a)(5)(A), and four levels (3B1.1(a)) for being an organizer or leader. They were sentenced to 216 and 240 months’ imprisonment.The Sixth Circuit affirmed the convictions, rejecting challenges to the sufficiency of the evidence and to jury instructions, but vacated the sentences. The court upheld the loss calculation and leadership enhancement. The court erred in applying the stolen property enhancement and in applying a 2B1.1(b)(19)(A)(ii) enhancement because the men were convicted of conspiracy, not a substantive section 1030(a)(5)(A) offense. View "United States v. Miclaus" on Justia Law

Defendant pleaded guilty to two counts of violating 18 U.S.C. 922(g) for unlawfully possessing a firearm—one for being a convicted felon, the other for being a domestic violence misdemeanant. In this case, defendant's convictions stemmed from shooting his ex-girlfriend after an argument.The Sixth Circuit remanded with instructions to vacate defendant's sentence on one of the section 922(g) counts and to merge the two counts of conviction into one. The court concluded that this statute does not permit a court to, as the district court did here, impose multiple punishments on a defendant who commits one act of possession yet is both a felon and a domestic-violence misdemeanant. Furthermore, the district court plainly erred in doing so. The court otherwise affirmed the district court's judgment in all other respects, concluding that defendant's sentence was procedurally reasonable where the district court did not clearly err in applying the USSG 2A2.1(a)(2) cross-reference for attempted second-degree murder in calculating defendant's offense level. View "United States v. Grant" on Justia Law

Devereux suffered a major stroke during or around the period of his custody by Knox County for misdemeanor first-time DUI. Corrections officers were in and out of the holding cell where he sat motionless for several hours but did not provide medical attention until it was too late to mitigate the stroke’s effects. Devereux brought federal civil rights claims and negligence claims under the Tennessee Governmental Tort Liability Act (TGTLA), which waives sovereign immunity for certain claims, but not those arising from “civil rights.”The district court dismissed all of Devereux’s claims against the officers and his civil rights claims against Knox County. It declined to exercise supplemental jurisdiction over the TGTLA claims and dismissed them without prejudice, allowing Devereux to refile in state court. Knox County argued that the court should have retained jurisdiction and determined that the TGTLA’s “civil rights exception” necessarily barred Devereux’s negligence claims. The Sixth Circuit vacated in part. The best approach is to give Tennessee courts a fresh opportunity to consider whether the TGTLA claims ivolve civil rights. The court vacated “to prevent any issue of collateral estoppel in state court based on this aspect of the district court’s reasoning. The court declined to certify the issue to the Tennesse Supreme Court. View "Devereux v. Knox County" on Justia Law