OPINION SUTTON , Circuit Judge . Police executed a search warrant at Shawn Parrish's house after detecting that an IP address associated with his home had downloaded child pornography. The search turned up nude videos of Parrish's twelve-year-old daughter on his cell phone. A jury convicted him of receiving and possessing child pornography, and a prior related conviction triggered a sentence enhancement. Parrish appeals his conviction, arguing that the search of his cell phone violated the...
OPINION JOHN K. BUSH , Circuit Judge . The Arizona Attorney General believes the plaintiff class got a bad deal in settling this products liability lawsuit over allegedly defective pressure cookers. The settlement agreement, entered after one day of trial, included an award of approximately $2 million in fees and expenses for class counsel, and substantially less than that— primarily in the form of coupons—for the class members. The Attorney General, on behalf of his office and the State...
OPINION NALBANDIAN , Circuit Judge . PolyOne Corporation and Westlake Vinyls have long disputed their share of the cleanup costs at a Superfund site in Kentucky. So the parties entered a settlement agreement ("Agreement") in 2007. Though that Agreement did not end the conflict, it provides some structure to the parties' recurring disputes about the cleanup costs. Under the Agreement, PolyOne must reimburse Westlake for 100% of "allocable costs," and every five years, either party may...
OPINION JANE B. STRANCH , Circuit Judge . Sheryl Hubbell worked for Defendant FedEx SmartPost, Inc. ("FedEx") as a parcel sorter in Belleville, Michigan. She alleges that her manager told her she should accept a demotion because "females are better suited to administrative roles and males are better suited to leadership roles," repeatedly disciplined her, then eventually demoted her from her position as lead parcel sorter based on her sex. She also alleges that FedEx retaliated against...
ORDER UPON CONSIDERATION of the government's motion for reconsideration of the en banc court's opinion of June 6, 2019, AND FURTHER CONSIDERING the Defendant's response in opposition and the government's reply, IT IS ORDERED that the motion be, and it hereby is, DENIED. CONCURRENCE SUTTON , Circuit Judge , concurring in the denial of en banc reconsideration. The government raises an argument for the first time in its motion for en banc reconsideration that warrants a few words in...
OPINION PER CURIAM . Although it is neither a legislature nor a court, the United States Sentencing Commission plays a major role in criminal sentencing. But Congress has placed careful limits on the way the Commission exercises that power. Jeffery Havis argues that the Commission stepped beyond those limits here and, as a result, he deserves to be resentenced. We agree and REVERSE the decision of the district court. I. BACKGROUND In 2017, Havis pled guilty to being a felon in...
OPINION RALPH B. GUY, JR. , Circuit Judge . Peter Mager sought to recover damages under the Federal Employer's Liability Act (FELA), 45 U.S.C. 51, et seq., for injuries he allegedly sustained while employed by Wisconsin Central Ltd. (WCL) as a trackman at a railway yard near Marquette, Michigan. Mager appeals the dismissal of his complaint with prejudice, which was ordered as a sanction primarily for his and his attorney's conduct at a court-ordered independent medical examination....
OPINION CLAY , Circuit Judge . Defendant Tamela M. Lee ("Defendant" or "Lee") appeals from the district court judgment convicting her on six counts after a plea of not guilty and sentencing her to a total term of sixty months' imprisonment. Counts One through Four concerned conspiracy to commit honest services mail and wire fraud, honest services mail fraud, Hobbs Act conspiracy, and Hobbs Act extortion, in violation of 18 U.S.C. 1341, 1343, 1346, 1349, and 1951. Counts Five and Six...
OPINION SUTTON , Circuit Judge . Federal courts do not play "catch me if you can." If a defendant refuses to show up to answer an indictment, ignores an arrest warrant, or leaves the jurisdiction, the court may decline to resolve any objections to the indictment in his absence. What is known loosely as the fugitive disentitlement doctrine generally permits a federal court to insist on a defendant's presence in the jurisdiction before it resolves challenges to the criminal charges. Azat...
OPINION NALBANDIAN , Circuit Judge . After the FBI arrested Paul Monea for money laundering, he told his attorney that the undercover agent coerced him into committing the crime. Those claims turned into allegations that the government tampered with evidence. And eventually — after the jury convicted him — Monea found a witness claiming that the undercover FBI agent lied on the stand. So he asks the court for a writ of habeas corpus, either because his trial counsel ineffectively pursued...
OPINION GRIFFIN , Circuit Judge . This case arises out of the infamous government-created environmental disaster commonly known as the Flint Water Crisis. As a cost-saving measure until a new water authority was to become operational, public officials switched the City of Flint municipal water supply from the Detroit Water and Sewerage Department (DWSD) to the Flint River to be processed by an outdated and previously mothballed water treatment plant. With the approval of State of Michigan...
By order of the Bankruptcy Appellate Panel, the precedential effect of this decision is limited to the case and parties pursuant to 6th Cir. BAP LBR 8024-1(b). See also 6th Cir. BAP LBR 8014-1(c). File Name: 19b0007n.06 BANKRUPTCY APPELLATE PANEL OF THE SIXTH CIRCUIT IN RE: RONALD JOSEPH SMITH, + Debtor. ¦ ¦ _ ¦ RONALD J. SMITH, ¦ Appellant, > No. 19-8021 ¦ ¦ v. ¦ ¦ U.S. BANK NATIONAL ASSOCIATION, ¦ ¦ Appellee. ¦ + Appeal from the United States Bankruptcy Court for the Northern District of Ohio...
RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 19b0009p.06 BANKRUPTCY APPELLATE PANEL OF THE SIXTH CIRCUIT IN RE: ANTHONY MICHAEL DONNADIO; MELISSA + MARIE DONNADIO, ¦ Debtors. ¦ _ ¦ SANTANDER CONSUMER USA INC., ¦ > No. 19-8004 Appellant, ¦ ¦ ¦ v. ¦ ¦ ANTHONY MICHAEL DONNADIO; MELISSA MARIE ¦ DONNADIO; MICHAEL A. GALLO, Chapter 13, Trustee, ¦ Appellees. ¦ + On Appeal from the United States Bankruptcy Court for the Northern District of Ohio at Youngstown. No. 4:18-bk-41519—Russ Kendig, Judge....
NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 19a0590n.06 No. 19-6349 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Dec 04, 2019 DEBORAH S. HUNT, Clerk In re: LEE HALL, ) ) ORDER Movant. ) BEFORE: KETHLEDGE, THAPAR, and MURPHY, Circuit Judges. PER CURIAM. Some 28 years ago, Lee Hall set his ex-girlfriend Traci Crozier on fire by throwing what Crozier called a “gas bomb” (a jug full of gasoline that Hall lit with a paper-towel fuse) into the car in which she was lying. See...
NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 19a0572n.06 Case No. 19-5693 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Nov 14, 2019 UNITED STATES OF AMERICA, ) ) DEBORAH S. HUNT, Clerk Plaintiff-Appellee, ) ) ON APPEAL FROM THE UNITED v. ) STATES DISTRICT COURT FOR ) THE MIDDLE DISTRICT OF ANGELA SUDDARTH, ) TENNESSEE ) Defendant-Appellant. ) OPINION ) BEFORE: CLAY, THAPAR, and NALBANDIAN, Circuit Judges. NALBANDIAN, Circuit Judge. Defendant Angela Suddarth appeals her...
NOT RECOMMENDED FOR PUBLICATION File Name: 19a0410n.06 No. 19-5585 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT STEPHEN MICHAEL WEST, ) FILED ) Aug 06, 2019 Plaintiff-Appellant, ) DEBORAH S. HUNT, Clerk ) v. ) ) ON APPEAL FROM THE TONY PARKER, Commissioner of Tennessee ) UNITED STATES DISTRICT Department of Correction, and TONY MAYS, ) COURT FOR THE MIDDLE Warden of Riverbend Maximum Security ) DISTRICT OF TENNESSEE Institution, ) ) Defendants-Appellees. ) BEFORE: BOGGS, MOORE, and COOK,...
RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 19a0285p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT UNITED STATES OF AMERICA, + Plaintiff-Appellee, ¦ ¦ > No. 19-5533 v. ¦ ¦ ¦ CHARLES A. BEAMUS, ¦ Defendant-Appellant. ¦ + Appeal from the United States District Court for the Eastern District of Kentucky at Lexington. No. 5:02-cr-00089-1—Joseph M. Hood, District Judge. Decided and Filed: November 21, 2019 Before: MOORE, SUTTON, and NALBANDIAN,...
NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 19a0597n.06 Case No. 19-5402 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED JULIE WRIGHT, ) Dec 06, 2019 ) DEBORAH S. HUNT, Clerk Plaintiff-Appellant, ) v. ) ON APPEAL FROM THE UNITED CELLULAR SALES MANAGEMENT ) STATES DISTRICT COURT FOR GROUP, LLC, ) THE EASTERN DISTRICT OF ) TENNESSEE Defendant-Appellee. ) BEFORE: ROGERS, STRANCH, and THAPAR, Circuit Judges. THAPAR, Circuit Judge. In her three months at Cellular Sales Management...
NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 19a0585n.06 No. 19-5397 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT DUSTIN AYALA, ) FILED ) Dec 02, 2019 Plaintiff-Appellee, ) DEBORAH S. HUNT, Clerk ) v. ) ON APPEAL FROM THE ) UNITED STATES DISTRICT MICHAEL HOGSTEN, in his Individual and ) COURT FOR THE EASTERN Official Capacities as Greenup County Deputy ) DISTRICT OF KENTUCKY Sheriff; GREENUP COUNTY SHERIFF OFFICE, ) ) Defendants-Appellants. ) Before: GILMAN, KETHLEDGE, and...
RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 19a0246p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT IN RE: APPLICATION TO OBTAIN DISCOVERY FOR USE IN + FOREIGN PROCEEDINGS. ¦ _ ¦ ABDUL LATIF JAMEEL TRANSPORTATION COMPANY ¦ > No. 19-5315 LIMITED, ¦ Movant-Appellant, ¦ ¦ v. ¦ ¦ ¦ FEDEX CORPORATION, ¦ Respondent-Appellee. ¦ + Appeal from the United States District Court for the Western District of Tennessee at Memphis. No. 2:18-mc-00021—Jon...
