ALICE M. BATCHELDER , Circuit Judge . These consolidated appeals arise from the government's efforts to execute long-standing final removal orders of Iraqi nationals that the United States had, for many years, been unable to execute. The district court entered two preliminary injunctions: one to halt the removal of Iraqi nationals (removal-based claims) and one to order bond hearings for those Iraqi nationals who continued to be detained after the district court halted their removals (...
OPINION JANE B. STRANCH , Circuit Judge . Some years ago, Plaintiff Innovation Ventures (Innovation), manufacturer of 5-Hour Energy, settled a lawsuit with the now-defunct Custom Nutrition Laboratories (Custom Nutrition) by entering into a noncompete agreement. When Nutrition Science Laboratories (NSL) subsequently purchased Custom Nutrition's assets, it did not abide by the restrictive covenants in that noncompete agreement. Innovation initially sued Custom Nutrition; NSL; and Alan...
OPINION KAREN NELSON MOORE , Circuit Judge . When individuals in this country are unable to work because of physical or mental disabilities, they may file for Social Security Disability Insurance ("SSDI") and Supplemental Security Income ("SSI") benefits. The eleven plaintiffs here all filed for these benefits, and they all eventually received them. The trouble, however, is that they were represented in their efforts by Eric Conn, a Kentucky attorney who secured benefits for his clients by...
OPINION THAPAR , Circuit Judge . Dewayne Rockymore pled guilty to possessing a firearm as a felon. The district court declined to enhance his sentence under the Armed Career Criminal Act. Because the district court correctly concluded that Rockymore's prior convictions did not count as "serious drug offenses," we affirm. I. When a Tennessee sheriff's deputy noticed a car swerving over the center line, the deputy tried to perform a traffic stop. Rather than yield, however, the veering car...
OPINION SUHRHEINRICH , Circuit Judge . The Double Jeopardy Clause of the Fifth Amendment protects against multiple criminal prosecutions and punishments for the same offense. Recently, the Supreme Court held that "[d]isgorgement, as it is applied in SEC enforcement proceedings, operates as a penalty under [28 U.S.C.] 2462." Kokesh v. SEC, ___ U.S. ___, 137 S.Ct. 1635 , 1645, 198 L.Ed.2d 86 (2017). In this criminal sentencing appeal, we must consider whether SEC civil disgorgement is...
OPINION SUHRHEINRICH , Circuit Judge . Petitioner Jeremy Snider ("Snider") appeals the district court's denial of his petition for collateral relief under 28 U.S.C. 2255. Snider contends that this court's en banc ruling in United States v. Stitt, 860 F.3d 854 (6th Cir. 2017) (en banc), cert. granted, ___ U.S. ___, 138 S.Ct. 1592 , 200 L.Ed.2d 776 (2018) — holding that a conviction for Tennessee aggravated burglary under TENN. CODE ANN 39-14-403, is not a "violent felony" for...
ORDER Plaintiffs filed an Emergency Motion for Injunction Pending Appeal with this Court to enjoin Defendant to instruct Ohio's county boards of elections ("Boards"), first, to count certain provisional ballots that may be cast in the November 6, 2018 federal election in accordance with the " APRI Exception" (discussed below) and, second, not to remove any voter under Ohio's Supplemental Process pending appeal if removal is pursuant to a confirmation notice that was sent prior to August 2016....
OPINION THAPAR , Circuit Judge . What we do is sometimes less important than how we do it. The United States Sentencing Commission has the power to promulgate the Sentencing Guidelines. But Congress has limited how it may exercise that power. Those limits are important—not only because Congress thinks so, but because they define the Commission's identity in our constitutional structure. Jeffery Havis claims that the Commission has disregarded those limits. And he may have a point. But a...
OPINION SUTTON , Circuit Judge . Rare is the defendant who insists that we find him guilty. Rarer still is the defendant who gets his way. Robert Doggart is on his way to accomplishing both. After federal agents arrested Doggart for plotting to attack an Islamic community at the foothills of the Catskill Mountains, he attempted to plead guilty to making a threat in interstate commerce, a crime carrying a sentence of no more than five years. But the district court found that he had not...
OPINION SUTTON , Circuit Judge . Domenico Taglieri and Michelle Monasky were married. When the union fell apart, Monasky took A.M.T., their two-month-old daughter, from Italy to the United States. Taglieri filed a petition under the Hague Convention to return A.M.T. to Italy. The district court granted the petition after finding that Italy was A.M.T.'s country of habitual residence. Monasky appealed. Who wins turns on who decides. The Hague Convention places the child's habitual residence...
OPINION COLE , Chief Judge . Federal courts sitting in diversity may question the wisdom of state laws, but they are powerless to change them. For better or worse, Connecticut imposes liability for breaches of contract when attended by deception. Unhappy with flanges purchased under a contract with PM Engineered Solutions, Inc. ("Powdered Metal"), Bosal Industries-Georgia, Inc. ("Bosal") decided to switch suppliers and terminate the contract. After a five-day bench trial, the district...
OPINION RONALD LEE GILMAN , Circuit Judge . This case arises under the Carmack Amendment to the Interstate Commerce Act, 49 U.S.C. 14706 et seq. Exel, Inc., a shipping broker, sued Southern Refrigerated Transport, Inc. (SRT), an interstate motor carrier, after SRT lost a load of pharmaceuticals owned by Exel's customer, Sandoz, Inc., that was being transported from Pennsylvania to Tennessee. After nearly seven years of litigation, including a prior appeal, the district court entered...
OPINION SUHRHEINRICH , Circuit Judge . I. INTRODUCTION Defendant Tennessee Valley Authority ("TVA" or "Defendant") operates a coalfired electricity-generating plant, the Gallatin Fossil Plant ("Gallatin plant"), on a part of the Cumberland River known as Old Hickory Lake, a popular recreation spot. The Gallatin plant generates wanted electricity (which it supplies to approximately 565,000 households in the greater Nashville area), as well as unwanted waste byproducts, in particular coal...
OPINION JOHN K. BUSH , Circuit Judge . Police officers obtained a warrant, searched defendants' home, and found over 2,000 grams of heroin, marijuana, drug-distribution paraphernalia, and a large amount of cash. Despite the search's having been conducted under a judge-issued warrant, the district court suppressed the evidence, holding that because the warrant application so failed to connect defendants' home with drug-trafficking activity, no reasonable officer could have relied on the...
OPINION MARTHA CRAIG DAUGHTREY , Circuit Judge . Neil A. Morgan II and Anita L. Graf sued Fairfield County, Ohio, three of its officials, and five members of its sheriff's department under 42 U.S.C. 1983, claiming Fourth Amendment violations. Specifically, Morgan and Graf alleged that individual officers of the county's SCRAP unit — Street Crime Reduction and Apprehension Program — violated their Fourth Amendment rights when they surrounded Morgan's and Graf's house, without a warrant or...
OPINION RONALD LEE GILMAN , Circuit Judge . Shahzad Raja, a native and citizen of Pakistan, petitions for judicial review of a decision by the Board of Immigration Appeals (BIA). That decision affirmed an immigration judge's (IJ's) determination that Raja was removable pursuant to 8 U.S.C. 1182(a)(2)(A)(i)(II) for a 1996 conviction under Pennsylvania's controlled-substances statute. Because the Pennsylvania statute under which Raja was convicted is divisible and because the portion of...
OPINION CLAY , Circuit Judge . Plaintiffs Robert Davis and D. Etta Wilcoxon seek a declaratory judgment and mandamus relief against Defendant Detroit Public Schools Community District Board of Education, arguing that the school board has the authority and obligation, under Mich. Comp. Laws 380.11a(10), 380.1216, 168.312, and 168.641(4), to place on the next Detroit election ballot a question asking city voters to approve or disapprove of certain tax expenditures by Intervenor-...
OPINION KAREN NELSON MOORE , Circuit Judge . Plaintiff Monica Rogers, an African-American woman in her sixties, has been employed by defendant Henry Ford Health System ("HFHS") for over thirty years. In late 2012, Rogers was working as a consultant in HFHS's Organizational Human Resources Development ("OHRD") Department. After she was denied reclassification as a Senior OHRD Consultant, Rogers made an internal complaint of racial and age discrimination. When the resulting internal...
OPINION CLAY , Circuit Judge . Defendant Larry D. Nichols appeals from a corrected sentence entered by the district court in an amended judgment pursuant to 28 U.S.C. 2255. 1 For the reasons that follow, we VACATE Defendant's corrected sentence and REMAND with instructions for Defendant to be sentenced in a manner consistent with this opinion. BACKGROUND In 2004, Defendant was convicted for felon in possession of a firearm, in violation of 18 U.S.C. 922(g)(1), (e). The statutory...
OPINION ROGERS , Circuit Judge . In this case under the Hague Convention on the Civil Aspects of International Child Abduction, a mother seeks the return of a child to Ecuador, the place where the child had become accustomed to living, from a stay with the father in the United States that the mother, at least, intended to be temporary. Relief is available under the Convention only if Ecuador is the habitual residence of the child. The district court held that the mother's original...
