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

In 2005, Defendant pleaded guilty to conspiring to distribute cocaine hydrochloride, 21 U.S.C. 846 and 841(a)(1), (b)(1)(A). The Probation Office determined that Defendant was to be held accountable for conspiring to distribute at least 12 kilograms of cocaine hydrochloride; under U.S.S.G. 4B1.1(a), Defendant was classified as a career offender with an enhanced offense level based on his prior felony convictions for controlled substances. Defendant’s offense level was reduced three levels for his acceptance of responsibility. His guideline range for imprisonment according to the 2004 Sentencing Guidelines was 262-327 months but section 841(b)(1)(A) required imposition of a minimum term of life due to Defendant’s prior felony controlled substance convictions, U.S.S.G. 5G1.1(b). The government moved for a downward departure based on Defendant’s substantial assistance. The court granted that motion and imposed a sentence of 211 months. In 2015, Defendant moved for a sentence reduction under 18 U.S.C. 3582(c)(2) and Guidelines Amendments 780, 782, and 788, arguing that the court departed downward from a guideline range of life and that this guideline range of life was lowered by Amendment 780. The Sixth Circuit affirmed the denial of the motion Defendant’s sentence was based on Defendant’s status as a career offender, not on a drug quantity; Defendant is ineligible for the reduction. View "United States v. Cook" on Justia Law

The collective bargaining agreement (CBA) signed by the Jefferson County Board of Education (JCBE) and Jefferson County Teachers Association (JCTA) provided that if an employee believed that they were discriminated against, that employee could file a grievance with JCBE; if the employee subsequently filed a charge with the Equal Employment Opportunity Commission (EEOC), the grievance proceedings would be held in abeyance. Watford filed a grievance on the day she was terminated (October 13, 2010) and those proceedings are still in abeyance. Watford sued, alleging that JCBE and JCTA retaliated against her for filing an EEOC charge. The district court awarded the defendants summary judgment, The Sixth Circuit reversed, finding the judgment inconsistent with prior holdings that “an adverse action against [an] employee because the employee had pursued the statutorily protected activity of filing a charge with the EEOC” is “clearly” retaliation. The CBA is retaliatory on its face. View "Watford v. Jefferson County Public Schools" on Justia Law

During the execution of a warrant to arrest Penney while he was selling 200 pounds of marijuana, Penney fired shots, injuring two federal agents. In 2005, Penney was convicted of 15 drug and firearm offenses and an attempt to kill a federal agent. The SIxth Circuit affirmed Penney’s sentence of 895 months’ imprisonment. In 2011, Penney’s counsel filed a 28 U.S.C. 2255 motion to vacate his sentence, which was denied as meritless. The court denied Penney’s pro se motion to amend because he was represented by counsel and no order of substitution had been entered. While Penney’s appeal was pending, he moved to amend the judgment, arguing that denial of his motion to amend created a “manifest miscarriage of justice” because “valid claims of actual innocence and unauthorized detention [could] trump time and procedural bars.” The court denied the motion and denied a certificate of appealability. The Supreme Court denied Penney’s certiorari petition. In 2015, Penney’s counsel moved for relief from judgment under FRCP 60(b)(1) and (6), arguing that the court erred when it denied Penney’s motion to amend. The Sixth Circuit affirmed denial of the motion. The miscarriage of justice exception applies to untimely Rule 60(b) motions and motions to amend but Penney failed to make the required showing of actual innocence. View "Penney v. United States" on Justia Law

In 2008, Purdy borrowed from Citizens First, using his dairy cattle as collateral. Purdy refinanced in 2009, executing an “Agricultural Security Agreement" that granted Citizens a purchase money security interest in “all . . . Equipment, Farm Products, [and] Livestock (including all increase and supplies) . . . currently owned [or] hereafter acquired.” Citizens perfected this security interest by filing with the Kentucky Secretary of State. Purdy and Citizens executed two similar security agreements in 2010 and 2012, which were perfected. After the 2009 refinancing, Purdy increased the size of his herd, entering into “Dairy Cow Lease” agreements with Sunshine. The parties also executed security agreements and Sunshine filed financing statements. In 2012, milk production became less profitable. Purdy sold off cattle, including many bearing Sunshine’s brand, and filed a voluntary Chapter 12 bankruptcy petition. Both Citizens and Sunshine sought relief from the stay preventing the removal of the livestock. In 2014, the Sixth Circuit held that Citizens failed to demonstrate that the "Leases” were actually security agreements in disguise. On remand, the bankruptcy court determined that all cattle sold at a 2014 auction were subject to Citizens’ security interest. The district court affirmed, awarding Citzens $402,354.54. The Sixth Circuit affirmed; the bankruptcy court did not contravene its mandate by holding a hearing on the question of ownership. View "Sunshine Heifers, LLC v. Citizens First Bank" on Justia Law

Doe and her daughter flew aboard Etihad Airways from Abu Dhabi to Chicago. During the journey, Doe’s tray table remained open because a knob had fallen off. Doe’s daughter found the knob on the floor; Doe placed it in a seatback pocket. When a flight attendant reminded Doe to place her tray in the locked position for landing, Doe attempted to explain by reaching into the seatback pocket to retrieve the knob. She was pricked by a hypodermic needle that lay hidden within, which drew blood. Doe sought damages from Etihad for her physical injury and her “mental distress, shock, mortification, sickness and illness, outrage and embarrassment from natural sequela of possible exposure to” various diseases. Her husband claimed loss of consortium. The court granted Etihad partial summary judgment, citing the Montreal Convention of 1999, an international treaty, which imposes capped strict liability “for damage sustained in case of death or bodily injury of a passenger upon condition only that the accident which caused the death or injury took place on board the aircraft.” The Sixth Circuit reversed. The district court erred in reading an additional “caused by” requirement into the treaty and concluding that Doe’s bodily injury did not cause her emotional and mental injuries. The Convention allows Doe to recover all her “damage sustained” from the incident. View "Doe v. Etihad Airways, P.J.S.C." on Justia Law

Duke was sentenced to a 156-month term of imprisonment for conspiracy to commit wire fraud but failed to self-surrender. A warrant issued for his arrest, a new indictment was filed, charging Duke with failure to surrender for a sentence, and Duke was arrested. At the arraignment, defense counsel requested that Duke be transferred to the prison to which he had originally been designated to report or to a prison in Milan, Michigan. The government opposed Duke’s request, instead requesting that Duke be transferred to a local facility. Duke “yelled ‘you f**cking b**ch’ and ran towards the government attorney.” He “grabbed the victim by the back of the victim’s head[,] struck the victim with his fist several times[, and] smashed the victim’s head into a table repeatedly. The victim’s legs were pushed into the table during the attack, causing bruising.” People within the courtroom “subdued” Duke, who was convicted for the assault. At sentencing, the court determined that the table was a “dangerous weapon” under the Guidelines Manual, triggering sentencing enhancements. The Sixth Circuit affirmed his 97-month sentence, rejecting an argument that those enhancements constitute impermissible double counting for the same conduct. View "United States v. Duke" on Justia Law

In 1999, 12-year-old C.M. left home. Her sister and her sister’s boyfriend searched the neighborhood. Returning home, they found C.M. disoriented. C.M. stated that she had been at the neighboring Mills house and Mills had smoked marijuana with her and fondled her. They confronted Mills in front of his sons and contacted the Lewisburg, Tennessee police. Mills was indicted. The Tennessee Bureau of Investigation (TBI) reported that semen was found in C.M.’s underwear. C.M. then stated that Mills had engaged in sexual intercourse with her. A DNA analysis by Jenkins indicated a 0.3% chance that the DNA belonged to a Caucasian other than Mills but contradicted C.M.’s claims about Valium and marijuana. Mills was convicted of rape of a child, aggravated sexual battery, and casual exchange of a controlled substance. In a habeas proceeding, the Federal Public Defender sent the evidence to a private DNA laboratory, SERI, which was unable to retest the same portions of the underwear. Using the “same analysis techniques” on an adjacent section, SERI concluded that it contained semen from two males, neither was Mills. After serving 11 years in prison, Mills was released. The state overturned Mills’s convictions. Mills suit under 42 U.S.C. 1981, 1983, and 1985, against the Assistant District Attorney General, Jenkins, and a police investigator, in their individual and official capacities; the TBI Director in his official capacity; Marshall County; and the city, was dismissed. The Sixth Circuit reversed dismissal of claims against Jenkins for malicious prosecution, fabrication of evidence, and a Brady claim. Jenkins may be able to provide evidence that SERI's analytic methods differed, that the evidence available was not exculpatory, or that her actions were negligent at worst. View "Mills v. Barnard" on Justia Law

Fontana, in his 50s, posed as a 16-year-old to chat with a 15-year-old female living near Detroit. Fontana claimed that his computer’s camera was broken and convinced his victim to take off her shirt. He recorded this act, then used the threat of publishing this recording online to force her to perform sexual acts, which he recorded and used as additional leverage. He forced her to be in front of her web camera at certain times, to sleep in a certain position, to ask for permission to go out, and to convince a 14-year-old friend to perform sexual acts for him. The girl’s mother contacted the police. Following extradition from Canada on 12 child pornography-related charges, Fontana pleaded guilty to four charges. Applying 18 U.S.C. 3553(a), the judge considered that, after Fontana’s arrest, investigators discovered images of up to 50 victims, including minors, none of whom were the basis for Fontana’s extradition. Fontana argued that consideration of the additional victims violated the U.S.-Canada extradition treaty’s “specialty” requirement that he only be detained, tried, or punished for the crimes for which he was extradited. The Sixth Circuit rejected the argument. The treaty does not preclude taking into account activity that is not the basis of the extradition in determining punishment for the crimes on which the extradition was based, at least as long as such consideration did not affect the statutory range of that punishment. View "United States v. Fontana" on Justia Law

Officer Turner responded to reports that a woman was intoxicated at Wal-Mart. Turner found the woman, Lakes, who was “clearly under the influence.” Lakes stated that she was with Lewis, who was in his truck and would drive her home. Officers approached Lewis’s truck. It was dark outside and the windows were tinted. Turner looked inside and saw Lewis asleep on the passenger side. Officer Cloyd and Lakes went to the front-passenger side; either Cloyd or Lakes opened the door. The interior light went on, causing Lewis to startle and enabling Turner to see that Lewis had a clear plastic baggie on his lap. Lewis tossed the baggie over the console onto the back floorboard. Turner suspected that the baggie contained marijuana, shined his flashlight onto it, and observed that it contained “like a bluish color stuff.” Turner opened the door, inspected the bag closely, and saw that it contained pills. Lewis appeared to be under the influence. Lewis and Lake were arrested. The bag was tested; it contained 493 oxycodone and 5 Xanax. Four Xanax pills were found on Lewis’s person. Lewis was indicted under 18 U.S.C. 841(a)(1), 846. The Sixth Circuit affirmed denial of Lewis’s motion to suppress. The officers’ purpose was to find Lakes a safe ride home, they were not investigating a crime. Lewis’s subsequent behavior gave Turner probable cause to search the truck under the automobile exception to the warrant requirement. View "United States v. Lewis" on Justia Law

Defendant is a member of the Saginaw Chippewa Tribal Nation. Before his arrest and incarceration, he resided on the Isabella Reservation in Mt. Pleasant, Michigan with his wife and his step-daughter, B.J. Defendant repeatedly sexually abused B.J. and his nieces for several years when the three were young children. He was sentenced to concurrent terms of life in prison for three counts of aggravated sexual abuse, 18 U.S.C. 2241(c), one count of sexual abuse, 18 U.S.C. 2242(2), and one count of abusive sexual contact, 18 U.S.C. 2244(a)(2); 15 years in prison for two counts of sexual abuse of a minor, 18 U.S.C. 2243(a); and three years in prison for one count of abusive sexual contact, 18 U.S.C. 2244(a)(2). The Sixth Circuit affirmed, upholding the admission of evidence of his past sexual assaults pursuant to Federal Rules of Evidence 413 and 403 and that his victims witnessed him physically assault his wife pursuant to Federal Rules of Evidence 404(b) and 403. View "United States v. Mandoka" on Justia Law