RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 13a0254a.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT _ X Plaintiff-Appellee, - UNITED STATES OF AMERICA, - - - No. xx-xxxx v. , > - Defendant-Appellant. - JOHN DOE, N Appeal from the United States District Court for the Northern District of Ohio at Youngstown. No. xx-cr-xxxxx—Christopher A. Boyko, District Judge. Decided and Filed: August 27, 2013 Before: KEITH, COLE, and ROGERS, Circuit Judges....
OPINION CLAY , Circuit Judge . Petitioner Michael Bies ("Bies") and respondent Warden (referred to in this opinion as "the State") cross-appeal the district court's order granting conditionally in part and denying in part Bies' petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. For the reasons that follow, we AFFIRM the district court's grant of a conditional writ of habeas corpus on Bies' claim under Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963)....
OPINION BOGGS, Circuit Judge. Petitioner Ihsan Bazzi, a Lebanese national, seeks review of a Board of Immigration Appeals (BIA) decision dismissing his appeal of an immigration judge's (IJ) order denying his application for adjustment of status and ordering his removal from the United States. Because the decision of the immigration judge is supported by substantial evidence, we deny Bazzi's petition for review. I The petitioner, Ihsan Bazzi, and his purported ex-wife, Adla, were married in...
OPINION ROGERS, Circuit Judge. Dennis B. McGuire, an Ohio death row inmate represented by counsel, appeals from a federal district court order denying his motion for relief from judgment filed pursuant to Federal Rule of Civil Procedure 60(b). In March 2008, the district court denied McGuire's original petition for a writ of habeas corpus filed pursuant to 28 U.S.C. 2254. This court affirmed the district court's denial, see McGuire v. Ohio, 619 F.3d 623 , 631 (6th Cir.2010), which became...
OPINION COLE, Circuit Judge. After a three-week jury trial, James Mathis and Donald Fillers were convicted of conspiracy, 18 U.S.C. 371, and violations of the Clean Air Act, 42 U.S.C. 7413(c). Fillers was also convicted of making a false statement, 18 U.S.C. 1001(a)(2), and obstruction of justice, 18 U.S.C. 1519. The district court denied Fillers's motion to suppress and Mathis's and Fillers's motions for a judgment of acquittal. It sentenced Mathis to 18 months' imprisonment and...
OPINION GREER, District Judge. The plaintiffs-appellants, five individuals and two organizations, appeal the district court's grant of a motion to dismiss their claims for prospective, injunctive relief for lack of subject matter jurisdiction. We REVERSE and REMAND. I. The individual plaintiffs are a part of a group of individuals who allege that they were illegally stopped, searched, and/or detained by officers of the United States Border Patrol for the Sandusky Bay Station in Ohio, based...
BOGGS, Circuit Judge: Petitioner Ihsan Bazzi, a Lebanese national, seeks review of a Board of Immigration Appeals (BIA) decision dismissing his appeal of an immigration judge's (IJ) order denying his application for adjustment of status and ordering his removal from the United States. Because the decision of the immigration judge is supported by substantial evidence, we deny Bazzi's petition for review. I The petitioner, Ihsan Bazzi, and his purported ex-wife, Adla, were married in 1975 in...
OPINION SUTTON, Circuit Judge. Michael Plambeck owned two chiropractic clinics in Kentucky that treated patients injured in car accidents, including some of State Farm's customers. All of the treating chiropractors were licensed to practice in Kentucky. Plambeck, however, was not. Plambeck assumed that he did not need to keep his Kentucky license because he was the owner of the facility and did not treat any patients in the State. State Farm, on the other hand, assumed that Plambeck had a...
OPINION ROGERS, Circuit Judge. The State of Michigan sued to enjoin the Sault Ste. Marie Tribe of Chippewa Indians from applying to have land taken into trust by the Secretary of the Interior pursuant to the Michigan Indian Land Claims Settlement Act (MILCSA). The Tribe bought land from the City of Lansing, Michigan for the purpose of building a class III gaming facility. To purchase the property, the Tribe used funds appropriated by Congress for the benefit of certain Michigan tribes; MILCSA...
OPINION SUTTON, Circuit Judge. A heavily intoxicated, possibly suicidal Charles Hocker led two Pikeville police cruisers on a nighttime, lights-off, high-speed chase for seven miles before pulling onto a darkened gravel road. A lot happened in the next few seconds. Officers Addison Baisden and Chadwick Branham exited their cruisers with guns drawn and ordered Hocker to show his hands and turn off his car. Maybe Hocker heard the commands; maybe he didn't. But no matter what Hocker heard, what...
OPINION KAREN NELSON MOORE, Circuit Judge. In this case, the Benefits Review Board ("the Board") affirmed the decision of the administrative law judge ("ALJ") granting John A. Ogle's claim for federal black lung benefits. The West Virginia Coal Workers' Pneumoconiosis Fund ("the Fund") as insurer of the defunct Big Branch Resources, Inc. petitions for review of that decision, claiming that the ALJ erred on several grounds. In particular, the Fund argues that the ALJ improperly restricted the...
OPINION RONALD LEE GILMAN, Circuit Judge. Grant, Konvalinka & Harrison, P.C. (GKH), a Tennessee-based law firm, seeks relief from the automatic stay of adversary proceedings resulting from the bankruptcy of one of its former clients, Steve A. McKenzie. GKH contends that it is entitled to an equity interest in certain assets that McKenzie pledged to the firm shortly before he was placed into bankruptcy. The bankruptcy trustee, C. Kenneth Still (Trustee), opposes GKH's motion for relief from...
OPINION McKEAGUE, Circuit Judge. This appeal is the remnant of litigation stemming originally from offensive, but largely consensual sexual conduct among adults, three men and one woman. Investigation by the local Sheriff Department led to grand jury proceedings, an indictment, and a criminal trial in state court. The three male participants in the escapade, all local police officers, eventually faced charges of assault and witness tampering. After they were found not guilty of the criminal...
OPINION JANE B. STRANCH, Circuit Judge. Wayne Henschel was working as an excavator operator for Clare County Road Commission (CCRC) when he lost his left leg above the knee in a motorcycle accident. Because he was not allowed to return to work, Henschel asserts that CCRC discriminated against him on account of his disability in violation of the Americans with Disabilities Act (ADA). The district court granted CCRC's motion for summary judgment, finding that Henschel could not perform the...
AMENDED OPINION SILER, Circuit Judge. Twenty years ago, Archie Dixon and his accomplice brutally attacked Christopher Hammer and buried him alive. Dixon was convicted of aggravated murder, robbery, kidnaping, and forgery, and the state trial court sentenced him to death. He sought to vacate his conviction and sentence, asserting that his confession was obtained in violation of his Miranda rights and alleging numerous errors in his trial. We ruled that his confession was coerced, deeming his...
OPINION SUTTON, Circuit Judge. Police found a lot of marijuana in Carlos Johnson's home, after which he pleaded guilty to conspiring to distribute marijuana. The district court sentenced him to 97 months in prison. Johnson now challenges the sentence, targeting a two-level enhancement for maintaining a premises — his home — for the purpose of manufacturing or distributing drugs. The amount of marijuana stored in his home (1200 pounds) and the length of time he kept it there (eight months)...
OPINION SUTTON, Circuit Judge. The United States Immigration and Customs Enforcement agency mistakenly issued a detainer for Richard Ortega. Sent to the Louisville Metro Department of Corrections, the detainer informed the local prison authorities that the immigration agency was investigating whether Ortega, then serving a home-confinement sentence, could be removed from the United States. Based on the detainer, the department moved Ortega to a local prison. Ortega, who happened to be a...
OPINION MICHAEL H. WATSON, District Judge. In a previous appeal, this Court held that Defendant-Appellant had acted in an arbitrary and capricious manner when it denied Daniel Rochow ERISA benefits. Following the prior panel's mandate, the district court commenced proceedings to determine the appropriate amount of benefits and other remedies. Eventually, the district court issued rulings on the calculation of benefits and ordered LINA to disgorge $3.8 million under an equitable theory of...
OPINION SUTTON, Circuit Judge. Claiming that his employer violated the United States Constitution in disciplining him, a federal employee filed this lawsuit in federal district court. In doing so, he bypassed a system set up by the Civil Service Reform Act for addressing the personnel complaints of federal employees, prompting this question: Is the Act's personnel-grievance process exclusive I. Gerald Krafsur, a federal administrative law judge, hears social security disability claims....
OPINION SUTTON, Circuit Judge. The Anti-Drug Abuse Act of 1986 established mandatory minimum sentences for possessing crack cocaine with the intent to distribute it: 5 years for possessing 5 grams, 10 years for possessing 50 grams. 100 Stat. 3207. The Fair Sentencing Act of 2010 increased the amount of crack cocaine needed to activate the same mandatory minimums. It now takes 28 grams to trigger the 5-year penalty and 280 grams to trigger the 10-year penalty. 124 Stat. 2372. Through these...
