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

A deputy observed a vehicle swerving in traffic and initiated a stop. Kerns was operating the vehicle. When the car stopped, Kerns’s prior romantic partner exited and yelled that Kerns had kidnapped her at gunpoint. Kerns was arrested. He admitted to driving from Kentucky to Colby’s Michigan residence and threatening to kill her family if Colby did not leave with him. Colby had jerked the wheel of the car to get the deputy's attention. Kerns was indicted for kidnapping (18 U.S.C. 1201(a)(1)), interstate domestic violence (2261(a)(1)), and possession of a firearm in furtherance of a crime of violence (924(c)(1)(a)(ii)). After being found competent to stand trial, Kerns pleaded guilty to kidnapping and possession of a firearm in furtherance of a crime of violence. Kerns confirmed he had reviewed the PSR and had no objection to its findings. The court explained that the recommended sentencing range for the kidnapping count was 87-108 months’ imprisonment and that the section 924(c) count carried a mandatory consecutive minimum sentence of 84 months’ imprisonment. The court sentenced Kerns to 192 months: 108 months on the kidnapping count plus months on the firearm count. The court also referenced a fine. Neither party objected. The Seventh Circuit affirmed, rejecting arguments that an inconsistency existed between the court’s oral reference to a fine of $1,000 and its imposition of a total fine of $2,000. The guilty plea was valid and the sentence was substantively reasonable. View "United States v. Kerns" on Justia Law

Based on activity related to former Kentucky Secretary of State Alison Lundergan Grimes’ campaign for the U.S. Senate seat held by Mitch McConnell in 2014, Emmons and Lundergan (Grimes’s father) were convicted for knowingly and willfully making unlawful corporate contributions aggregating $25,000 or more, Federal Election Campaign Act, 52 U.S.C. 30109(d)(1)(A)(i), 30118, and 18 U.S.C. 2; conspiracy to defraud the United States, 18 U.S.C. 371; willfully causing the submission of materially false statements, 18 U.S.C 1001(a)(2) and 2; and the falsification of records or documents, 18 U.S.C. 1519 and 2.The Sixth Circuit affirmed, rejecting a challenge to the constitutionality of the ban on corporate contributions as applied to intrafamilial contributions from a closely-held, family-run corporation. Such contributions present a risk of quid pro quo corruption. The district court adequately distinguished between independent expenditures and contributions in the jury instructions. The district court properly admitted evidence of Lundergan’s uncharged acts in connection with Grimes’ campaigns for Kentucky Secretary of State as res gestae evidence and under 404(b). The government presented sufficient evidence for a rational juror to find that Emmons had the requisite intent to cause unlawful corporate contributions and the Grimes campaign to submit false campaign-finance reports. View "United States v. Emmons" on Justia Law

Warren pled guilty as a felon in possession of a firearm. His plea agreement bound the parties to “recommend that the Court impose a sentence within” Warren’s Guidelines range, calculated at 51-63 months, and prohibited either party from “suggest[ing] in any way that a departure or variance” from Warren’s Guidelines range “is appropriate.” Before sentencing, the district court notified Warren that it was considering an upward variance and ultimately sentenced him to 120 months in prison. The Sixth Circuit vacated, reasoning that “because the Guidelines already account for a defendant’s criminal history,” the “extreme variance” based solely on Warren’s criminal history was “inconsistent with the need to avoid unwarranted sentence disparities.”On remand, the district court again circulated a notice of possible upward variance. At the hearing, the court asked the parties to discuss the potential variance. The prosecuting attorney stated that she “wanted to clarify something that defense counsel brought up because she is asking the Court to have a standard of reliance upon this.” The prosecutor acknowledged the existence of a plea agreement, which “the government has no intention of violating” but indicated that, had the full extent of Warren’s history been known, there would have been a different recommendation. The Sixth Circuit vacated the 96-month sentence imposed on remand as substantively unreasonable. The government breached Warren's plea agreement. View "United States v. Warren" on Justia Law

Phillips, then 39, was arrested for driving with a suspended license. At the Lansing City Jail, Phillips said he took Lyrica to treat his epilepsy and would need another dose that night Phillips denied being under the influence of other drugs or alcohol but was sweating. Phillips was taken to his cell at 2:15 p.m. Detainees are monitored through video cameras and cell checks, which involve a “physical inspection” of the cell. Video footage shows Phillips swaying, falling, and struggling. A pool of vomit formed around Phillips’s head at 3:23 p.m. No further movement was detected after 3:46 p.m. Several cell checks were recorded but officers did not follow department policy. At 5:11 p.m., when an officer entered his cell, Phillips was unresponsive, EMS transported Phillips to a hospital where he was officially pronounced dead at 5:44 p.m., most likely of “multiple drug intoxication,” having ingested oxycodone, alprazolam, and pregabalin.The district court dismissed a suit under 42 U.S.C. 1983 that alleged deliberate indifference to Phillips’s medical needs and failure to train officers, and gross negligence under Michigan law. The Sixth Circuit affirmed in part. There was insufficient evidence from which to infer that any of the defendants subjectively perceived Phillips was suffering from a serious medical need, inferred he needed treatment, or ignored his medical needs. The court reversed as to one officer, who had the requisite state of mind for liability. View "Burwell v. City of Lansing" on Justia Law

In 1994, Hall murdered his estranged wife by attacking her in her home, dragging her to the backyard swimming pool while at least one of her children looked on, and drowning her. A Tennessee state court jury convicted Hall of premeditated first-degree murder and sentenced him to death, finding that the murder was especially heinous, atrocious, or cruel, and involved torture or serious physical abuse beyond that necessary to cause death. State courts affirmed the conviction and sentence. Hall unsuccessfully pursued state post-conviction relief, then sought federal habeas relief.The district court denied Hall any relief. The Sixth Circuit affirmed, rejecting a “Brady” claim concerning prison records about the mental illness of a fellow inmate (Dutton) who testified against Hall. Dutton’s prison records were records of the Tennessee Department of Corrections, which was not acting under the prosecutor’s control, so the prosecutor did not know about them, actually or constructively. Brady does not impose an unlimited duty to pursue such an inquiry. Given the initial determination of competence, the opinions of mental health professionals that evaluated Hall throughout his state court proceedings, and no question of mental incompetence being raised during that time, counsel’s performance was not unreasonable in failing to establish that Hall was incompetent to stand trial. The court also rejected an ineffective assistance claim concerning evidence of Hall’s family and social history View "Hall v. Mays" on Justia Law

Trevino was the sole owner of a chain of marijuana dispensaries throughout Michigan. A federal jury convicted him of conspiracy and nine substantive marijuana offenses. The Sixth Circuit affirmed. Trevino's argued that he never should have been charged, citing a congressional appropriations rider, the Rohrabacher-Farr Amendment, or “Section 538,” that bars the Department of Justice from spending funds to “prevent” states from “implementing their own State laws” permitting medical marijuana, 128 Stat. 2130, 2217 (2014). Even construing Section 538 as broadly as Trevino suggests he is not entitled to relief because he was not in compliance with the Michigan Medical Marihuana Act.. Trevino also argued a limited exception to the general rule that ignorance or mistake of law is no excuse. The court rejected the argument, reasoning that the Controlled Substances Act, 21 U.S.C. 801, under which Trevino was convicted, is not ambiguous. The court also rejected challenges to the denial of Trevino’s counsel’s motion to withdraw, filed less than two weeks before trial; the government’s use of summary charts at trial; and to the procedural and substantive reasonableness of his sentence. View "United States v. Trevino" on Justia Law

Hollins-Johnson pleaded guilty to student loan fraud and theft of government funds, conspiracy to commit those crimes, making false statements to the U.S. Department of Housing and Urban Development, and witness tampering. The Sixth Circuit dismissed her appeal based on the appellate-waiver provision in Hollins-Johnson’s plea agreement, rejecting her argument that her plea agreement does not expressly cover a challenge to “the manner in which a sentence is to be served and the timing of the sentence.” Hollins-Johnson did not argue that the appellate waiver was not knowing or voluntary and the sentence imposed did not exceed the statutory maximum for any of Hollins-Johnson’s crimes. Her waiver is not ambiguous. Hollins-Johnson agreed to waive her right to challenge her sentence on any grounds so long as she was not sentenced above the statutory maximum. View "United States v. Hollins-Johnson" on Justia Law

In 2008, another inmate, Macari, assaulted Himmelreich, who had pleaded guilty to producing child pornography, Himmelreich alleges that Macari was placed in the general population despite making comments about targeting “pedophiles.” Himmelreich filed a Tort Claim Notice with the Federal Bureau of Prisons. Himmelreich alleges that Captain Fitzgerald warned him not to complain and threatened to have him transferred. Prison officials subsequently placed Himmelreich in the special housing unit (SHU). Himmelreich claims that Fitzgerald told him it was because of the Tort Claim. Prison officials claim they placed Himmelreich in the SHU for his own protection after he complained of threats from other inmates.Himmelreich’s subsequent lawsuits alleged numerous claims against prison officials, including a “Bivens” claim for retaliation in violation of the First Amendment based on Fitzgerald’s alleged threats and statements. Fitzgerald unsuccessfully moved for summary judgment only on the ground that there is no Bivens remedy for a First Amendment retaliation claim. The Sixth Circuit dismissed Fitzgerald’s appeal for lack of jurisdiction because her appeal concerns neither a final order nor a non-final order entitled to review under the collateral order doctrine. View "Himmelreich v. Federal Bureau of Prisons" on Justia Law

Kensu, a resident of the Michigan Department of Corrections (MDOC), was sentenced to life imprisonment for first-degree murder. He has filed several actions under 42 U.S.C. 1983 during his sentence; he won $325,002 after the jury found that five defendants had been “deliberately indifferent to his serious medical need[s].” Since then, Kensu has filed several more suits against MDOC and Corizon, a correctional health care contractor, including putative class actions, some of which remain pending.The complaint, in this case, had 808 numbered allegations plus additional sub-allegations, spanning 180 pages. Although his counsel failed to identify this case as related to any of his earlier actions (in violation of a local rule) the district court determined that it was a companion to Kensu v. Borgerding, and reassigned it. Finding his complaint too long and unclear, the district court dismissed, allowing Kensu to try again. His second effort was still too long and unclear. The district court explained the problems with Kensu’s complaint in more detail and gave him one last chance to amend it. Kensu made his complaint longer instead of reducing it to a plain statement of his grievance. The Sixth Circuit affirmed the dismissal of his complaint with prejudice. View "Kensu v. Corizon, Inc." on Justia Law

Pioch and co-defendants were convicted based on their scheme to defraud the multimillion-dollar estate of an elderly widower. Pioch was sentenced to 111 months’ imprisonment with a special assessment of $3,700 and restitution of $2,037,783.30. Pioch shares joint-and-several liability with her co-defendants for $1,990,342.76 of the restitution to McLaughlin (victim’s son), under the Mandatory Victims Restitution Act of 1996, 18 U.S.C. 3664(i)). Pioch personally owes the remaining $47,440.54 to the IRS, so she is liable for a total of $2,041,483.30 for the assessment and restitution. The government sought garnishment and, invoking the Federal Debt Collection Procedures Act (FDCPA), 28 U.S.C. 3011(a)), requested a 10% surcharge, $204,148.33.The district court granted the garnishment and surcharge requests. The Sixth Circuit remanded, rejecting Pioch's argument that the surcharge should be calculated based on the “debt” that the government “actually recover[s] through enforcement of a collection remedy” (10% of the $367,681.48 subject to garnishment) and not the total debt resulting from her crimes (10% of the $2,041,483.30 judgment). When the government initiates an FDCPA action to recover debt owed to the United States, the government is entitled to recover a 10% surcharge on the entire outstanding debt; the debt must be paid off before the United States may collect the surcharge, which is added to, not subtracted from, the judgment. View "United States v. Pioch" on Justia Law