U.S. Court of Appeals for the Sixth Circuit Cases ©     Coverage   Help   Search Westlaw   Topic: AllBankruptcyCivil RightsCommercial Law & ContractsCriminal JusticeEducationEnvironmental LawFamily LawFinance & BankingGovernment BenefitsGovernment ContractsImmigrationInsuranceIntellectual PropertyLabor & EmploymentLegal EthicsMilitary LawNative Americans LawPension & Retirement BenefitsSecurities & Blue Sky LawTaxationTransportation Joseph P. PLATT, Petitioner-Appellant, v. Michael SHEETS, Warden, Respondent-Appellee. , C.A.6 (Ohio), November 20, 2009 On Appeal from the United States District Court for the Southern District of Ohio at Columbus. RALPH B. GUY, JR., Circuit Judge. Petitioner Joseph Platt, a state prisoner, appeals from the dismissal of the petition for writ of habeas corpus he filed pursuant to 28 U.S.C. § 2254. Platt was convicted in Ohio of involuntary manslaughter, felonious assault, and kidnaping, and was sentenced to a total of 15 years in prison. A certificate of appealability was granted with respect to the single ... Vaughn McCLINE, Plaintiff-Appellee, v. David ROOSE, Defendant-Appellant. , C.A.6 (Ohio), November 20, 2009 On Appeal from the United States District Court for the Northern District of Ohio. MERRITT, Circuit Judge. The parties in this case have waived oral argument and submitted the case on the briefs. It is an interlocutory appeal by the defendant Roose, a police officer, who disagrees with the district court's ruling denying his defense of qualified immunity. The appeal is dismissed for the reason that this court lacks appellate jurisdiction over the interlocutory appeal under Johnson v. Jon... Allen ZIMMERMAN, Jr., Petitioner-Appellant, v. John CASON, Warden, Respondent-Appellee. , C.A.6 (Mich.), November 20, 2009 On Appeal from the United States District Court for the Eastern District of Michigan. BARRETT, District Judge. Allen Zimmerman, Jr., a pro se Michigan prisoner, appeals the decision of the district court denying his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. Zimmerman raised eight claims in his petition, but now asserts only that (1) trial counsel rendered ineffective assistance by failing to object to and move to suppress evidence found as a result of a sea... UNITED STATES of America, Plaintiff-Appellee, v. Donna HARDY, Defendant-Appellant. , C.A.6 (Tenn.), November 20, 2009 Appeal from the United States District Court for the Western District of Tennessee at Jackson. No. 07-10037-001--James D. Todd, District Judge. [FN*] FN* The Honorable Joseph M. Hood, Senior United States District Judge for the Eastern District of Kentucky, sitting by designation. ARGUED:David W. Camp, Law Offices of David W. Camp, Jackson, Tennessee, for Appellant. R. Leigh Grinalds, Assistant United States Attorney, Jackson, Tennessee, for Appellee. ON BRIEF:David W. Camp, Law Offices of ... UNITED STATES of America, Plaintiff-Appellee, v. Marcellus THOMPSON, Defendant-Appellant. , C.A.6 (Ohio), November 20, 2009 Appeal from the United States District Court for the Northern District of Ohio at Cleveland. No. 06-00565-002--Lesley Brooks Wells, District Judge. ON BRIEF:Mark R. DeVan, Berkman, Gordon, Murray & DeVan, Cleveland, Ohio, for Appellant. Laura McMullen Ford, Assistant United States Attorney, Cleveland, Ohio, for Appellee. OPINION HOOD, Senior District Judge. Defendant-Appellant Marcellus Thompson ("Thompson") appeals the district court's sentence upon his plea of guilty to a charge of pos... Thomas WHITE, Petitioner-Appellee, v. Carol R. HOWES, Respondent-Appellant. , C.A.6 (Mich.), November 20, 2009 Appeal from the United States District Court for the Eastern District of Michigan at Detroit. No. 06-10707--Marianne O. Battani, District Judge. ON BRIEF: Brad H. Beaver, Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. C. Mark Pickrell, Waller Lansden Dortch & Davis, LLP, Nashville, Tennessee, for Appellee. OPINION WHITE, Circuit Judge. Respondent Carol Howes, Warden of the correctional facility at which Petitioner Thomas White is serving Michigan state court s... UNITED STATES of America, Plaintiff-Appellee, v. Tabitha Nshoya MAGOTI, Defendant-Appellant. , C.A.6 (Mich.), November 18, 2009 On Appeal from the United States District Court for the Western District of Michigan. GEORGE CARAM STEEH, District Judge. Appellant Tabitha Nshoya Magoti was indicted on April 24, 2008, on one count of making or using a false writing or document, in violation of 18 U.S.C. § 1001(a)(3), and one count of willfully making a materially false, fictitious or fraudulent statement to the Government, in violation of 18 U.S.C. § 1001(a)(2). The charges arose from Magoti's backdating of an I-9 Empl... Blanca Estela MORAN-QUINTEROS, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent. , C.A.6, November 18, 2009 On Petition for Review of a Decision of the Board of Immigration Appeals. OPINION COLE, Circuit Judge. Blanca Estela Moran-Quinteros, a fifty-year-old native and citizen of Guatemala, petitions for review of a decision by the Board of Immigration Appeals affirming an immigration judge's denial of her application for asylum and request for withholding of removal. Moran sought asylum based on threats that her family received from guerillas in Guatemala in the early 1990s. The Immigration Judg... Daouda TOURE, Petitioner, v. Eric H. HOLDER, Jr., Attorney General of the United States, Respondent. , C.A.6, November 18, 2009 On Petition for Review of a Decision from the Board of Immigration Appeals. OPINION McKEAGUE, Circuit Judge. Daouda Toure petitions this court to review an order of the Board of Immigration Appeals ("BIA"), which dismissed his appeal of the immigration judge's ("IJ") decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture. The IJ found that Toure, a native of the Ivory Coast and member of the Dioula tribe, lacked credibility a... Doris ARNOLD, Administrator of the Estate of Gerald Lynn Cornett, Plaintiff- Appellee, Kentucky Medical Services Foundation, Inc., Intervening Plaintiff-Appellee, v. LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT, et al., Defendants, Kristine Lafoe; , C.A.6 (Ky.), November 17, 2009 On Appeal from the United States District Court for the Eastern District of Kentucky. OPINION ALAN E. NORRIS, Circuit Judge. This case arises out of a tragic set of circumstances that resulted in the death of Gerald Cornett. The appellants were all employed in some capacity at the Fayette County, Kentucky, Detention Center in mid-August 2005 when Mr. Cornett was brought in after being charged with public intoxication. Some hours later, he slipped into a coma and was taken to a local hospit... Jo Robin DAVIS, Appellant, Janel Sykes; Derwin Sykes, Involuntary Plaintiff, Plaintiffs, v. STATE FARM FIRE & CASUALTY COMPANY, Defendant-Appellee. , C.A.6 (Mich.), November 17, 2009 On Appeal from the United States District Court for the Eastern District of Michigan. KETHLEDGE, Circuit Judge. Jo Robin Davis, attorney for Plaintiff Janel Sykes, appeals the district court's denial of her motion to withdraw as counsel and her motion to reconsider. We reverse. I. Davis represents Sykes in a house-fire insurance dispute with State Farm Fire & Casualty Company ("State Farm"), filed in September 2007 and later removed to federal court. After several depositions--inclu... UNITED STATES of America, Plaintiff-Appellee, v. Katrina NEWSON, Defendant-Appellant. , C.A.6 (Tenn.), November 16, 2009 On Appeal from the United States District Court for the Western District of Tennessee. LUDINGTON, District Judge. Defendant Katrina Newson entered a guilty plea to one count of fraud in connection with identification documents, 18 U.S.C. § 1028(a)(7), on June 16, 2008. Pursuant to a Rule 11 plea agreement, the government agreed to dismiss two additional identity fraud counts and three counts of fraudulent use of a social security number, 42 U.S.C. § 408(a)(8). On August 29, 2008, the dis... Petro LUGOVYJ, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent. , C.A.6, November 16, 2009 On Petition for Review of Final Order of Board of Immigration Appeals. MEMORANDUM OPINION McKEAGUE, Circuit Judge. Petitioner Petro Lugovyj petitions the court for review of a final decision of the Board of Immigration Appeals ("Board") denying his application for withholding of removal under the Immigration and Nationality Act and for protection under the Convention Against Torture. The Board upheld the decision of the immigration judge, who, without making any adverse credibility determin... The LONGABERGER COMPANY, as Administrator of the Longaberger Family of Companies Group Medical Plan, Plaintiff-Appellee, v. Jeffrey A. KOLT, Defendant-Appellant. , C.A.6 (Ohio), November 16, 2009 Appeal from the United States District Court for the Northern District of Ohio at Cleveland. No. 05-00197--Lesley Brooks Wells, District Judge. ARGUED:George H. Carr, Gallagher Sharp, Cleveland, Ohio, for Appellant. Daran Paul Kiefer, Kreiner & Peters Co. L.P.A., Cleveland, Ohio, for Appellee. ON BRIEF:George H. Carr, Timothy John Fitzgerald, Gallagher Sharp, Cleveland, Ohio, for Appellant. Daran Paul Kiefer, Kreiner & Peters Co. L.P.A., Cleveland, Ohio, for Appellee. OPINION GRIFFIN, Circu... ACADEMIC IMAGING, LLC, Newark Health Imaging, LLC, Plaintiffs-Appellants, v. SOTERION CORP., Soteria Imaging, Services, Inc., Defendants-Appellees. , C.A.6 (Ohio), November 13, 2009 On Appeal from the United States District Court for the Southern District of Ohio. BOGGS, Circuit Judge. Academic Imaging, LLC, and Newark Health Imaging, LLC ("NHI"), filed suit against Soterion Corp., Soteria Imaging Services, Inc., and other parties, in connection with Academic's purchase of Soterion's interest in NHI, which Academic and Soterion owned jointly. Academic and NHI brought a number of causes of action in tort and contract, including conversion, violation of Ohio Rev.Code ... Roy L. DENTON, Plaintiff-Appellee v. Steve RIEVLEY, in his individual capacity, Defendant-Appellant. , C.A.6 (Tenn.), November 13, 2009 On Appeal from the United States District Court for the Eastern District of Tennessee. OPINION COLE, Circuit Judge. In this lawsuit alleging violations of 42 U.S.C. § 1983, Appellant Steve Rievley, a Dayton City police officer, appeals the denial of his motion for summary judgment on claims made by Appellee Roy Denton. Rievley claims that he should have been granted summary judgment on Denton's "warrantless arrest" claim because he is entitled to qualified immunity. We AFFIRM. I. BACKGROUN... Dobroslav BULATOVIC; Mina Bulatovic, Petitioners, v. Eric H. HOLDER, Jr., Attorney General; Department of Homeland Security, Respondents. , C.A.6, November 13, 2009 On Petition for Review of an Order of the Board of Immigration Appeals. GRIFFIN, Circuit Judge. In these consolidated appeals, Dobroslav Bulatovic and his wife, Mina Bulatovic, petition this court for review of two adverse decisions of the Board of Immigration Appeals ("BIA"). In Case No. 08-3574, petitioners seek review of the BIA's April 15, 2008, order summarily dismissing their appeal of the immigration judge's ("IJ") June 7, 2007, decision denying relief and ordering removal to their... Thomas KOVACH et al., Plaintiffs-Appellants, v. ZURICH AMERICAN INSURANCE COMPANY, Defendant-Appellee. , C.A.6 (Ohio), November 13, 2009 Appeal from the United States District Court for the Northern District of Ohio at Cleveland. No. 07-02584--Christopher A. Boyko, District Judge. ARGUED:Matthew D. Greenwell, Charles V. Longo Co., L.P.A., Beachwood, Ohio, for Appellant. Rebecca B. Jacobs, Ulmer & Berne LLP, Columbus, Ohio, for Appellees. ON BRIEF:Matthew D. Greenwell, Charles V. Longo Co., L.P.A., Beachwood, Ohio, for Appellant. Rebecca B. Jacobs, Ulmer & Berne LLP, Columbus, Ohio, Richard D. Sweebe, Patricia A. Shlonsky, Ulme... In re Michael Mark NOWAK and Christina Susan Nowak, Debtors. PCFS Financial, Plaintiff-Appellant, v. Lydia E. Spragin, Defendant-Appellee. , C.A.6, November 13, 2009 On Appeal from the Bankruptcy Appellate Panel of the Sixth Circuit. No. 01- 50913--Marilyn Shea-Stonum, Bankruptcy Judge. ARGUED:David A. Freeburg, McFadden & Freeburg Co., L.P.A., Cleveland, Ohio, for Appellant. Lydia Evelyn Spragin, Akron, Ohio, for Appellee. ON BRIEF:David A. Freeburg, McFadden & Freeburg Co., L.P.A., Cleveland, Ohio, for Appellant. Lydia Evelyn Spragin, Akron, Ohio, for Appellee. OPINION RONALD LEE GILMAN, Circuit Judge. Three years prior to filing for Chapter 7 bank... William JOHNSON, Petitioner-Appellant, v. Jeri Ann SHERRY, Warden, Respondent-Appellee. , C.A.6 (Mich.), November 13, 2009 Appeal from the United States District Court for the Eastern District of Michigan at Detroit. No. 06-11214--Bernard A. Friedman, District Judge. ARGUED:Elizabeth L. Jacobs, Law Office, Detroit, Michigan, for Appellant. Andrew L. Shirvell, Office of the Michigan Attorney General, Lansing, Michigan, for Appellee. ON BRIEF:Elizabeth L. Jacobs, Law Office, Detroit, Michigan, for Appellant. Brian O. Neill, Office of the Michigan Attorney General, Lansing, Michigan, for Appellee. CLAY, J., del... William JOHNSON, Petitioner-Appellant, v. Jeri Ann SHERRY, Warden, Respondent-Appellee. , C.A.6 (Mich.), November 13, 2009 Appeal from the United States District Court for the Eastern District of Michigan at Detroit. No. 06-11214--Bernard A. Friedman, District Judge. ARGUED:Elizabeth L. Jacobs, Law Office, Detroit, Michigan, for Appellant. Andrew L. Shirvell, Office of the Michigan Attorney General, Lansing, Michigan, for Appellee. ON BRIEF:Elizabeth L. Jacobs, Law Office, Detroit, Michigan, for Appellant. Brian O. Neill, Office of the Michigan Attorney General, Lansing, Michigan, for Appellee. CLAY, J., del... UNITED STATES of America, Plaintiff-Appellee, v. Ray A. HOWELL, Defendant-Appellant. , C.A.6 (Ohio), November 12, 2009 On Appeal from the United States District Court for the Southern District of Ohio. OPINION JOHN R. ADAMS, District Judge. Defendant Ray A. Howell appeals from his sentence of 90 months incarceration. We VACATE and REMAND. On April 6, 2006, a grand jury indicted Howell in an indictment that included nine defendants and twenty-one total counts. In the indictment, Howell was charged under Count 16 (conspiracy to possess with intent to distribute more than 500 grams of cocaine) and Count 17 (p... Jeff LOWERY, Lisa Lowery, Randy Giles and Michael Kelley, Plaintifs-Appellants, v. JEFFERSON COUNTY BOARD OF EDUCATION, Doug Moody and Greg Sharpe, Defendants- Appellees. , C.A.6 (Tenn.), November 12, 2009 Appeal from the United States District Court for the Eastern District of Tennessee at Knoxville. No. 05-00570--Thomas W. Phillips, District Judge. ARGUED:G. Mark Mamantov, Bass, Berry & Sims, PLC, Knoxville, Tennessee, Michael S. Kelley, Kennerly, Montgomery & Finley, P.C., Knoxville, Tennessee, for Appellants. Linda J. Hamilton Mowles, Lewis, King, Krieg & Waldrop, P.C., Knoxville, Tennessee, for Appellees. ON BRIEF:G. Mark Mamantov, Bass, Berry & Sims, PLC, Knoxville, Tennessee, Michael S.... UNITED STATES of America, Plaintiff-Appellee, v. Gabriel SCHAFFER, Defendant-Appellant. , C.A.6 (Ohio), November 12, 2009 Appeal from the United States District Court for the Northern District of Ohio at Cleveland. No. 08-00097-002--Patricia A. Gaughan, District Judge. ARGUED:Richard G. Lillie, Lillie & Holderman, Cleveland, Ohio, for Appellant. Daniel R. Ranke, Assistant United States Attorney, Cleveland, Ohio, for Appellee. ON BRIEF:Richard G. Lillie, Gretchen A. Holderman, Lillie & Holderman, Cleveland, Ohio, for Appellant. Daniel R. Ranke, Assistant United States Attorney, Cleveland, Ohio, for Appellee. OP... David EDDLEMAN, Petitioner-Appellee, v. Ken McKEE, Respondent-Appellant. , C.A.6 (Mich.), November 12, 2009 Appeal from the United States District Court for the Eastern District of Michigan at Detroit. No. 04-70830--Arthur J. Tarnow, District Judge. ARGUED: B. Eric Restuccia, Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. Andrew N. Wise, Federal Defender Office, Detroit, Michigan, for Appellee. ON BRIEF: B. Eric Restuccia, Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. Andrew N. Wise, Federal Defender Office, Detroit, Michigan, for Appellee. B... UNITEd STATES of America, Plaintiff-Appellee, v. Dedrick L. RICHARDSON, Defendant-Appellant. , C.A.6 (Ohio), November 10, 2009 On Appeal from the United States District Court for the Southern District of Ohio. OPINION JOHN R. ADAMS, District Judge. Defendant Dedrick Richardson appeals from his convictions and sentence of 262 months incarceration. We AFFIRM. On April 6, 2006, a grand jury indicted Richardson in an indictment that included nine defendants and twenty-one total counts. Richardson was charged with 1) one count of conspiracy to possess with intent to distribute more than 50 grams of crack cocaine, 2) tw... Joseph CHONTOS, Petitioner-Appellant, v. Mary BERGHUIS, Respondent-Appellee. , C.A.6 (Mich.), November 10, 2009 Holdings: The Court of Appeals, Cook, Circuit Judge, held that: (1) trial judge did not violate defendant's Sixth Amendment right to a jury trial by finding facts that raised his minimum sentence, and (2) use of acquitted conduct to calculate defendant's minimum sentence did not violate his jury-trial right. Affirmed. Appeal from the United States District Court for the Eastern District of Michigan at Detroit. No. 06-13049--Victoria A. Roberts, District Judge. ARGUED:Rosemary Gord... Tamra BALDING-MARGOLIS; Steven Margolis, Plaintiffs-Appellants, v. CLEVELAND ARCADE, dba Hyatt Regency Cleveland; et al., Defendants-Appellees. , C.A.6 (Ohio), November 9, 2009 On Appeal from The United States District Court for The Northern District of Ohio. OPINION KAREN NELSON MOORE, Circuit Judge. Plaintiff-Appellant Tamra Balding-Margolis ("Balding-Margolis") appeals from the district-court order granting summary judgment in favor of Defendants- Appellees Hyatt Corporation and several Hyatt employees (collectively "Hyatt") with regard to her claims of sexual harassment, wage discrimination, gender discrimination, retaliation, wrongful discharge, intentional ... UNITED STATES of America, Plaintiff-Appellee, v. Mark Steven JOHNSON, Defendant-Appellant. , C.A.6 (Tenn.), November 9, 2009 On Appeal from the United States District Court for the Middle District of Tennessee. OPINION KAREN NELSON MOORE, Circuit Judge. Defendant-Appellant Mark Steven Johnson appeals several orders relating to the revocation of his supervised release. Specifically, Johnson challenges the denial of his motion to review the entirety of his U.S. Probation Office ("USPO") case file and the denial of his motion to dismiss the summons to revoke his supervised release. Johnson also argues that the dist... UNITED STATES of America, Plaintiff-Appellee, v. Ulysses ROBINSON, Defendant-Appellant. , C.A.6 (Tenn.), November 9, 2009 On Appeal from the United States District Court for the Eastern District of Tennessee. WHITE, Circuit Judge. A federal grand jury charged defendant Ulysees [FN1] Robinson in a three-count indictment with possession with intent to distribute 5 grams or more of cocaine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B), being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1), and possession of a firearm in furtherance of a drug trafficking crime, in violation of ... TOWN & COUNTRY PLUMBING & HEATING, INC., Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner, and Plumbers and Pipefitters Local 333, Intervenor. , C.A.6, November 9, 2009 On Appeal from the National Labor Relations Board. BOYCE F. MARTIN, JR., Circuit Judge. Town & Country Plumbing & Heating, Inc. appeals a National Labor Relations Board decision that found that the Company violated Sections 8(a)(5) and (1) of the National Labor Relations Act, 29 U.S .C. § 151, et seq., when it withdrew recognition from the Plumbers and Pipefitters Local 333 Union because the Company had not engaged in collective bargaining for a "reasonable period of time." There are t... Playa MAREL, P.M., S.A.; Elden J. Heinz, Individually; Elden J. Heinz Revocable Living Trust; Alvero Martin, Individually, Plaintiffs-Appellees, v. LKS Acquisitions, Inc.; Leonard K. Snell, Individually, Defendants-Appellants. , C.A.6 (Ohio), November 9, 2009 Appeal from the United States District Court for the Southern District of Ohio at Dayton. No. 06-00366--Thomas M. Rose, District Judge. ARGUED:Jeffrey Joseph Harmon, Cors & Bassett, LLP, Cincinnati, Ohio, for Appellants. Walter Reynolds, Porter Wright Morris & Arthur LLP, Dayton, Ohio, for Appellees. ON BRIEF:Robert Joseph Hollingsworth, Jesse Romuald Lipcius, Cors & Bassett, LLP, Cincinnati, Ohio, for Appellants. Walter Reynolds, Tami Hart Kirby, Porter Wright Morris & Arthur LLP, Dayton, Oh... Abdulmunaem Abdullah AL-GHORBANI and Salah Abdullah Alghurbani, Petitioners, v. Eric H. HOLDER, Jr., Attorney General, Respondent. , C.A.6, November 9, 2009 Holdings: The Court of Appeals, Ronald Lee Gilman, Circuit Judge, held that: (1) immigration judge who denied asylum applications as untimely provided explanation for decision that was sufficient to satisfy due process; (2) aliens failed to show change in circumstances that qualified for exception to filing deadline for asylum applications; (3) aliens' family branch qualified as a particular social group; (4) group of people who opposed Yemeni cultural and religious marriage cust... Genora JONES, as the Personal Representative of the Estate of Clayton Jones, Plaintiff-Appellant, v. Scott BYRNES, et al., Defendants-Appellees. , C.A.6 (Mich.), November 9, 2009 Appeal from the United States District Court for the Eastern District of Michigan at Detroit. No. 07-12756-Sean F. Cox, District Judge. ARGUED:Joel B. Sklar, Law Office, Detroit, Michigan, for Appellant. Joseph Nimako, Cummings, McClorey, Davis & Acho, P.L.C., Livonia, Michigan, for Appellees. ON BRIEF:Joel B. Sklar, Law Office, Detroit, Michigan, for Appellant. Joseph Nimako, Cummings, McClorey, Davis & Acho, P.L.C., Livonia, Michigan, for Appellees. The court delivered a PER CURIAM opi... Elisha SHAYA, Petitioner-Appellant, v. Eric H. HOLDER, Jr., Respondent-Appellee. , C.A.6, November 9, 2009 On Appeal from the United States Board of Immigration Appeals. No. A 022 758 506. ARGUED:John W. Blakeley, United States Department of Justice, Washington, D.C., for Respondent. ON BRIEF:Mark Jacob Thomas, Mark Jacob Thomas & Associates, Chicago, Illinois, for Petitioner. John W. Blakeley, United States Department of Justice, Washington, D.C., for Respondent. MARTIN, J., delivered the opinion of the court, in which COLE, J., joined. KETHLEDGE, J. (p. 11), delivered a separate dissenting o... Nirmala NORONHA, Appellant, v. INTERNAL REVENUE SERVICE, Appellee. , C.A.6 (Ky.), November 6, 2009 ON Appeal from the United States District Court for the Western District Of Kentucky. KETHLEDGE, Circuit Judge. Nirmala Noronha appeals the bankruptcy court's order denying her objection to the Internal Revenue Service's proof of claim in her Chapter 13 bankruptcy proceeding. We affirm. I. Noronha and her husband, David Noronha ("David"), formed Internal Data Group, Inc. ("IDG"), a technical personnel staffing agency, in 1988. During the time relevant here--primarily 1999-2001--Noron... Douglas WILLIAMS, Plaintiff-Appellant, v. GRAND TRUNK WESTERN RAILROAD, INCORPORATED, Defendant-Appellee. , C.A.6 (Mich.), November 6, 2009 On Appeal from the United States District Court for the Eastern District of Michigan. ROGERS, Circuit Judge. Plaintiff, a railroad worker who was injured when he slipped on ice and snow in the course of his duties, sued his employer under the Federal Employers' Liability Act. He alleges that the employer was negligent because it did not remove snow from the area in which he was working and because malfunctioning equipment contributed to his injury. Plaintiff has not presented sufficient ... FERRO CORPORATION, Plaintiff-Appellant, v. COOKSON GROUP, PLC, et al., Defendants-Appellees. , C.A.6 (Ohio), November 6, 2009 Appeal from the United States District Court for the Northern District of Ohio at Cleveland. No. 06-03070--Sara E. Lioi, District Judge. ARGUED:James B. Niehaus, Frantz Ward, LLP, Cleveland, Ohio, for Appellant. Roxann E. Henry, Howrey, LLP, Washington, D.C., for Appellees. ON BRIEF:James B. Niehaus, Brian E. Roof, Frantz Ward, LLP, Cleveland, Ohio, for Appellant. Roxann E. Henry, Lisa Kimmel, Howrey, LLP, Washington, D.C., for Appellees. MARBLEY, D.J., delivered the opinion of the court,... FRIENDS OF TIMS FORD, Plaintiff-Appellant, v. TENNESSEE VALLEY AUTHORITY; James H. Fyke, in his official capacity as Comissioner, Tennessee Department of Environment and Conservation, Defendants- Appellees, City of Winchester, Tennessee; Rec Deve, C.A.6 (Tenn.), November 6, 2009 Appeal from the United States District Court for the Eastern District of Tennessee at Winchester. No. 06-00066--Harry S. Mattice, Jr., District Judge. ARGUED:Gregory D. Buppert, Dodson, Parker, Behm & Capparella, P.C., Nashville, Tennessee, for Appellant. Harriet A. Cooper, Tennessee Valley Authority, Knoxville, Tennessee, Elizabeth P. McCarter, Office of the Tennessee Attorney General, Nashville, Tennessee, for Appellees. ON BRIEF:Gregory D. Buppert, Dodson, Parker, Behm & Capparella, P.C., ... Aaron BYRD, Petitioner-Appellee, v. Jan TROMBLEY, Warden, Respondent-Appellant. , C.A.6 (Mich.), November 5, 2009 On Appeal from the United States District Court for the Eastern District of Michigan. JULIA SMITH GIBBONS, Circuit Judge. The State of Michigan appeals the district court's grant of the writ of habeas corpus to petitioner-appellee Aaron Thomas Byrd following his conviction and appeal in state court for criminal sexual conduct involving a victim under the age of thirteen. Finding that the state courts had unreasonably applied clearly established federal law defining ineffective assistance... Patricia WILLIAMS, Plaintiff-Appellant, v. EXPEDITORS INTERNATIONAL OF WASHINGTON, INC., Defendant-Appellee. , C.A.6 (Ky.), November 5, 2009 On Appeal from the United States District Court for the Western District of Kentucky. ALICE M. BATCHELDER, Chief Judge. Patricia Williams sued her former employer, Expeditors International, claiming that she was denied promotions on the basis of her gender and her age, in violation of federal law. [FN1] Expeditors moved for summary judgment and the district court analyzed the claim pursuant to McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-04 (1973). The court found that Ms. William... UNITED STATES of America, Plaintiff-Appellee, v. Lashawn MONCRIEF, Defendant-Appellant. , C.A.6 (Ohio), November 5, 2009 On Appeal from the United States District Court for the Northern District of Ohio. BOYCE F. MARTIN, JR., Circuit Judge. Lashawn Moncrief appeals the district court's failure to grant a Rule 29 motion for acquittal on Count 32 of the indictment, but Moncrief waived this claim at trial. Moncrief also challenges his sentence based upon the crack/powder cocaine disparity. For the following reasons, we AFFIRM the judgment of the district court. I. On June 14, 2006, the grand jury returned a... UNITED STATES of America, Plaintiff-Appellee, v. Jermaine LEE, Defendant-Appellant. , C.A.6 (Ohio), November 5, 2009 On Appeal from the United States District Court for the Northern District of Ohio. BOYCE F. MARTIN, JR., Circuit Judge. Jermaine Lee argues that the government did not present sufficient evidence to convict him because the witnesses, including the informants and his co-defendants, had criminal convictions and other credibility issues, and also because the second videotape of him selling crack to an FBI informant did not include a clear picture of his face. Lee also argues that his senten... UNITED STATES of America, Plaintiff-Appellee, v. Torrence GILLIS, Defendant-Appellant. , C.A.6 (Ohio), November 5, 2009 On Appeal from the United States District Court for the Northern District of Ohio. BOYCE F. MARTIN, JR., Circuit Judge. In 07-3754, Torrence Gillis appeals his sentence, arguing that his sentence was unreasonable because the judge did not recognize that the guidelines were advisory and that he had the power to vary from the sentencing guidelines and the policy determinations of the Sentencing Commission. The government concedes that the district court erred, and the government has not me... UNITED STATES of America, Plaintiff-Appellee, v. Trevor CAMPBELL, Defendant-Appellant. , C.A.6 (Ohio), November 5, 2009 On Appeal from the United States District Court for the Northern District of Ohio. BOYCE F. MARTIN, JR., Circuit Judge. Trevor Campbell appeals the district court's failure to grant a Rule 29 motion for acquittal on Count 3 of the indictment. However, viewed in the light most favorable to the government, the evidence presented at trial is sufficient to support Campbell's conviction on Count 3. Campbell also appeals his sentence, arguing that it is unreasonable and that the district court... UNITED STATES of America, Plaintiff-Appellee, v. Darnell NESBIT, Defendant-Appellant. , C.A.6 (Ohio), November 5, 2009 On Appeal from the United States District Court for the Northern District of Ohio. BOYCE F. MARTIN, JR., Circuit Judge. Darnell Nesbit argues that the district court erred in denying him a two-level reduction in his base offense level for acceptance of responsibility under 3E1.1(a). Nesbit further argues that we should remand the matter of sentencing back to the district court for re-sentencing under the amended Guidelines for crack cocaine offenses. He also argues that the district cour... UNITED STATES of America, Plaintiff-Appellee, v. Anthony WILSON, Defendant-Appellant. , C.A.6 (Ohio), November 5, 2009 On Appeal from the United States District Court for the Northern District of Ohio. BOYCE F. MARTIN, JR., Circuit Judge. Anthony Wilson appeals the district court's decision to deny his oral motion to withdraw his guilty plea. The government argues that the district court did not abuse its discretion in not permitting Wilson to withdraw his guilty plea because he had appeared in court after the trial started and admitted committing the crimes to which he pled guilty. For the following rea... UNITED STATES of America, Plaintiff-Appellee, v. Muhammed DYE, Defendant-Appellant. , C.A.6 (Ohio), November 5, 2009 On Appeal from the United States District Court for the Northern District of Ohio. BOYCE F. MARTIN, JR., Circuit Judge. Muhammed Dye appeals his sentence, claiming that he did not receive proper notice of the government's sentencing enhancement under 18 U.S.C. § 851. The government claims that it proper notice of the enhancement was served upon Dye through counsel on October 18, 2006 and that he did not become a pro se litigant until December 6, 2006. Thus, the government contends that i... Michael D. WEBB, Petitioner-Appellant, v. Betty MITCHELL, Warden, Respondent-Appellee. , C.A.6 (Ohio), November 5, 2009 Appeal from the United States District Court for the Southern District of Ohio at Cincinnati. No. 98-00766--Susan J. Dlott, Chief District Judge. ARGUED:Keith A. Yeazel, Law Office, Columbus, Ohio, for Appellant. Charles L. Wille, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee. ON BRIEF:Keith A. Yeazel, Law Office, Columbus, Ohio, James D. Owen, The Owen Law Firm, Columbus, Ohio, for Appellant. Robert E. Prather, Office of the Ohio Attorney General, Columbus, Ohio, for App... Ruth A. MITZEL, Plaintiff-Appellee, v. ANTHEM LIFE INSURANCE CO., et al., Defendants-Appellants. , C.A.6 (Ohio), November 4, 2009 On Appeal from the United States District Court for the Northern District of Ohio. CLAY, Circuit Judge. Defendants Anthem Life Insurance Company ("Anthem"), Wellpoint, Inc. ("Wellpoint") and Wellpoint Flexible Benefit Plan appeal the district court's order reversing Defendants' denial of long-term disability benefits for Plaintiff Ruth Mitzel ("Mitzel"). Mitzel brought this enforcement action pursuant to the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et ... UNITED STATES of America, Plaintiff-Appellee, v. Anthony STANLEY, Defendant-Appellant. , C.A.6 (Ohio), November 4, 2009 On Appeal from the United States District Court for the Northern District of Ohio. GEORGE CARAM STEEH, District Judge. Appellant Anthony Stanley pleaded guilty to one count of distributing 50 grams or more of cocaine base ("crack cocaine"), in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A), one count of possessing 50 grams or more of crack cocaine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A), and one count of felon in possession of a weapon, in violati... UNITED STATES of America, Plaintiff-Appellee, v. Antrown T. SIMMS, Defendant-Appellant. , C.A.6 (Ohio), November 4, 2009 On Appeal from the United States District Court for the Northern District of Ohio. OPINION McKEAGUE, Circuit Judge. Defendant Antrown Simms appeals his jury conviction of being a felon in possession of a firearm. Simms argues that a reversible error occurred at trial because the electronic version of his indictment contained an incorrect offense date. He further argues that the district court reversibly erred in admitting into evidence an audio CD containing recorded telephone conversation... Gary Van JOHNSON, Petitioner-Appellant, v. Betty MITCHELL, Warden, Respondent-Appellee. , C.A.6 (Ohio), November 4, 2009 Appeal from the United States District Court for the Northern District of Ohio at Cleveland. No. 97-00858--Donald C. Nugent, District Judge. ARGUED:Timothy F. Sweeney, Law Office of Timothy Farrell Sweeney, Cleveland, Ohio, for Appellant. Charles L. Wille, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee. ON BRIEF:Timothy F. Sweeney, Law Office of Timothy Farrell Sweeney, Cleveland, Ohio, Michael J. Benza, Law Office of Michael J. Benza, Chagrin Falls, Ohio, for Appellant. Ch... MEMPHIS BIOFUELS, LLC, Plaintiff-Appellant, v. CHICKASAW NATION INDUSTRIES, INC., Defendant-Appellee. , C.A.6 (Tenn.), November 4, 2009 Appeal from the United States District Court for the Western District of Tennessee at Memphis. No. 08-02253--Samuel H. Mays, Jr., District Judge. ON BRIEF:John R. Branson, BAKER, Donelson, Bearman, Caldwell & Berkowitz, P.C., Memphis, Tennessee, for Appellant. Donna Brown Jacobs, Butler, Snow, O'Mara, Stevens & Cannada, PLLC, Jackson, Mississippi, Randall Dean Noel, Daniel Warren Van Horn, Butler, Snow, O'Mara, Stevens & Cannada, PLLC, Memphis, Tennessee, for Appellee. OPINION COLE, Circuit... Dorothy CHAPPELL, Administratrix of the Estate of Deceased Brandon McCloud, Plaintiff-Appellee, v. CITY OF CLEVELAND, Defendant, Phillip Habeeb, Badge No. 381, Cleveland Police Department; John Kraynik, Badge No. 1517, Cleveland Police Department,, C.A.6 (Ohio), November 4, 2009 Appeal from the United States District Court for the Northern District of Ohio at Cleveland. No. 06-02135--Kathleen McDonald O'Malley, District Judge. ARGUED:Stephen W. Funk, Roetzel & Andress, Akron, Ohio, for Appellants. Terry H. Gilbert, Friedman & Gilbert, Cleveland, Ohio, for Appellee. ON BRIEF:Stephen W. Funk, Aretta Bernard, Roetzel & Andress, Akron, Ohio, W. Craig Bashein, Bashein & Bashein Co., Cleveland, Ohio, for Appellants. Terry H. Gilbert, Gordon S. Friedman, Friedman & Gilbert... BRIDGEPORT MUSIC, INC., and Southfield Music, Inc., Plaintiffs-Appellees, v. UMG RECORDINGS, INC., and Universal Music Investments, Inc., Defendants- Appellants. , C.A.6 (Tenn.), November 4, 2009 Appeal from the United States District Court for the Middle District of Tennessee at Nashville. No. 01-00780--Todd J. Campbell, Chief District Judge. ARGUED:Jeffrey D. Goldman, Mitchell, Silberberg & Knupp LLP, Los Angeles, California, for Appellants. Richard S. Busch, King & Ballow, Nashville, Tennessee, for Appellees. ON BRIEF:Jeffrey D. Goldman, Mitchell, Silberberg & Knupp LLP, Los Angeles, California, Philip M. Kirkpatrick, Dickinson Wright, Nashville, Tennessee, for Appellants. Richard ... Sharetta L. LEE, for herself and as next friend of her children, SLG, CLG, LLG, LL, and LL, Plaintiff-Appellant, v. A & W PRITCHARD ENTERPRISES, INC.; Walter Pritchard; Alfreda Pritchard; Louisville Gas & Electric Company, now known as E.On, Defend, C.A.6 (Ky.), November 4, 2009 On Appeal from the United States District Court for the Western District of Kentucky. ORDER Sharetta L. Lee, a Kentucky resident proceeding pro se, appeals a district court order dismissing some of her housing discrimination and tort claims and remanding the remaining claims to state court. This case has been referred to a panel of the court pursuant to Rule 34(j)(1), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed. R.App. P. 3... Dewan L. ROBBINS, Plaintiff-Appellant, v. Denise BLACK, Nurse; Ronald Fleming, M.D.; Keith Helton, Unit Director; David Green, Unit Director, Defendants-Appellees. , C.A.6 (Ky.), November 3, 2009 On Appeal from the United States District Court for the Eastern District of Kentucky. PER CURIAM. In this section 1983 action, filed pro se, prison inmate Dewan L. Robbins challenges the district court's grant of summary judgment to the four defendants, Dr. Ronald Fleming, nurse Denise Black, and two unit officials at the Kentucky state prison where Robbins was incarcerated at the time of the events giving rise to this litigation. Robbins fell and injured himself while attempting to clim... Richard HARPS, Gene DeFlorville, Melvin Harsey, Alexandra Kollias, Lenore Lado, Judith O'Neil, Thomas O'Neil, Farrell Thomas, and Joseph Wieczorek, Plaintiffs- Appellants, v. TRW AUTOMOTIVE U.S., LLC, Defendant-Appellee. , C.A.6 (Ohio), November 3, 2009 On Appeal from the United States District Court for the Northern District of Ohio. PER CURIAM. Plaintiffs, retired employees (or their dependents) of defendant TRW Automotive U.S., LLC ("TRW"), [FN1] appeal the district court's dismissal of their complaint under Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim for vested retiree medical benefits. Because the district court did not err in ruling that a collective bargaining agreement unambiguously disclai... Paul STIMPSON, Plaintiff-Appellant, v. UNITED PARCEL SERVICE, Defendant-Appellee. , C.A.6 (Mich.), November 3, 2009 Holding: The Court of Appeals, Gibbons, Circuit Judge, held that employee's injuries did not qualify for leave under FMLA. Affirmed. Moore, Circuit Judge, filed dissenting opinion. On Appeal from the United States District Court for the Eastern District of Michigan. JULIA SMITH GIBBONS, Circuit Judge. Plaintiff Paul Stimpson appeals from the order of the district court granting summary judgment to United Parcel Service ("UPS") in his suit alleging that UPS illegally terminated hi... Carolyn JOHNSON, Plaintiff-Appellant, v. INTERSTATE BRANDS CORPORATION, Defendant-Appellee. , C.A.6 (Tenn.), November 3, 2009 On Appeal from the United States District Court for the Western District of Tennessee at Memphis. RALPH B. GUY, JR., Circuit Judge. Plaintiff Carolyn Johnson appeals from the entry of judgment in favor of defendant Interstate Brands Corporation with respect to her claim that she was discharged because of her age in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 623(a). Plaintiff argues that it was error to conclude that she failed to make a prima facie showing o... UNITED STATES of America, Plaintiff-Appellee, v. Richard M. ROSENBAUM, Defendant-Appellant. , C.A.6 (Mich.), November 3, 2009 Appeal from the United States District Court for the Western District of Michigan at Grand Rapids. No. 07-00036-001--Paul Lewis Maloney, Chief District Judge. ARGUED:Kenneth P. Tableman, Kenneth P. Tableman, P.C., Grand Rapids, Michigan, for Appellant. Hagen W. Frank, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee. ON BRIEF:Kenneth P. Tableman, Kenneth P. Tableman, P.C., Grand Rapids, Michigan, for Appellant. Hagen W. Frank, Assistant United States Attorney, Grand Rapi... Natalja STEINBERGA, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent. , C.A.6, November 2, 2009 On Petition for Review from the Board of Immigration Appeals. PER CURIAM. Petitioner Natalja Steinberga seeks review of a decision by the Board of Immigration Appeals (BIA) affirming the Immigration Judge's (IJ's) decision to deny her applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). Petitioner challenges the adverse credibility determination, the reliance on a lack of corroboration, and the determination that petitioner failed to make... Botir RAKHMATILLAEV, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent. , C.A.6, November 2, 2009 On Petition for Review from the Board of Immigration Appeals. OPINION RONALD LEE GILMAN, Circuit Judge. Botir Rakhmatillaev, a native and citizen of Uzbekistan, entered the United States in June 2004 on a student visa. He filed an application nine months later for asylum, withholding of removal, and protection under the Convention Against Torture (CAT), claiming political and religious persecution in Uzbekistan based on his being a Muslim and a critic of the government. An Immigration J... Orion TRIFONI, Laureta Trifoni, and Daniel Trifoni, Petitioners, v. Eric H. HOLDER, Jr., Respondent. , C.A.6, November 2, 2009 On Petitioner for Review from a Final Order of the Board of Immigration Appeals. KENNEDY, J. Orion [FN1] Trifoni, as well as his wife Laureta and son Daniel, appeal an order rendered by the Board of Immigration Appeals ("Board" or "BIA") denying their application for asylum, withholding of removal, and protection under the regulations promulgated pursuant to section 242(b) of the Foreign Affairs Reform and Restructuring Act of 1998, which implement the United States' obligations under th... SECRETARY OF UNITED STATES AIR FORCE, Plaintiff-Appellee, v. COMMEMORATIVE AIR FORCE, Defendant-Appellant. , C.A.6 (Ohio), November 2, 2009 Holding: The Court of Appeals, Rogers, Circuit Judge, held that organization violated the terms of the donation certificate when it gave the fighter aircraft to a company in exchange for two other aircrafts. Affirmed. Appeal from the United States District Court for the Southern District of Ohio at Dayton. No. 06-00122--Thomas M. Rose, District Judge. ARGUED:Garry L. Montanari, Michealis, Montanari & Johnson, P .C., Westlake Village, California, for Appellant. Patrick D. Quinn, Assistant ... Clarence CARTER, Petitioner-Appellant, v. Carl ANDERSON, Warden, Respondent-Appellee. , C.A.6 (Ohio), October 30, 2009 Appeal from the United States District Court for the Southern District of Ohio at Cincinnati. No. 96-00426--Sandra S. Beckwith, District Judge. ARGUED:Joseph E. Wilhelm, Federal Public Defender's Office, Cleveland, Ohio, for Appellant. Thomas E. Madden, Office Of The Ohio Attorney General, Columbus, Ohio, for Appellee. ON BRIEF:Joseph E. Wilhelm, Federal Public Defender's Office, Cleveland, Ohio, Linda E. Prucha, Ohio Public Defender's Office, Columbus, Ohio, for Appellant. Thomas E. Madden, ... Steven S. HUBBARD and Kathleen Hubbard, Plaintiffs-Appellees, v. GEOSTAR FINANCIAL SERVICES CORPORATION, a Delaware Corporation, Defendant- Appellant. , C.A.6 (Mich.), October 29, 2009 On Appeal from The United States District Court for the Eastern District of Michigan. OPINION SOLOMON OLIVER, JR., District Judge. Defendant/Appellant GeoStar Financial Services Corporation ("GeoStar" or "Defendant") appeals the following orders of the district court: (1) the April 17, 2007 order denying Plaintiffs/Appellees Steven S. and Kathleen Hubbard (collectively, the "Hubbards" or "Plaintiffs") Motion for Summary Judgment on the Hubbards' breach of contract claim; (2) the January 18... Razia SULTANA, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent. , C.A.6, October 29, 2009 On Petition for Review of an Order of the Board of Immigration Appeals. OPINION RONALD LEE GILMAN, Circuit Judge. Razia Sultana, a 44 year-old woman from Pakistan, appeals a decision by the Board of Immigration Appeals (BIA) that denied her application for asylum, withholding of removal, and protection under the United Nation's Convention Against Torture (CAT). In April 2001, Sultana came to the United States with her then-husband, Farooq Khan. She seeks asylum based on alleged past per... Rusli DARWIS, Petitioner, v. Eric H. HOLDER, Jr., Respondent. , C.A.6, October 29, 2009 On Appeal from the Board of Immigration Appeals. CLAY, Circuit Judge. Petitioner Rusli Darwis appeals the order of the Board of Immigration Appeals ("BIA"), affirming the immigration judge's denial of his motion for asylum, withholding of removal, and protection under the Convention Against Torture ("CAT"). On appeal, Darwis only challenges the denial of his motion for withholding of removal. For the following reasons, we DENY Darwis' petition for review. STATEMENT OF FACTS Darwis, a na... UNITED STATES of America, Plaintiff-Appellee, v. Michelle D. SMITH, Defendant-Appellant. , C.A.6 (Mich.), October 29, 2009 On Appeal from the United States District Court for the Western District of Michigan. GRIFFIN, Circuit Judge. Defendant Michelle D. Smith appeals her 204-month prison sentence as procedurally and substantively unreasonable after pleading guilty to conspiracy to distribute more than five grams of cocaine base in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B)(iii), and 846. Smith argues that the length of her sentence is greater than necessary to achieve the sentencing objectives set fo... Issam Mohamad GHAZALI, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent. , C.A.6, October 29, 2009 On Petition for Review from an Order of the Board of Immigration Appeals. No. A95 457 939. ARGUED:Ronald E. Kaplovitz, Kaplovitz & Associates, P.C., Sylvan Lake, Michigan, for Petitioner. Patrick James Glen, United States Department Of Justice, Washington, D.C., for Respondent. ON BRIEF:Ronald E. Kaplovitz, Kaplovitz & Associates, P.C., Sylvan Lake, Michigan, for Petitioner. Patrick James Glen, United States Department of Justice, Washington, D.C., for Respondent. OPINION SUTTON, Circuit Ju... UNITED STATES of America, Plaintiff-Appellee, v. Michael STEEBY, Defendant-Appellant. , C.A.6 (Mich.), October 29, 2009 On Appeal from the United States District Court for the Western District of Michigan. SUTTON, Circuit Judge. Michael Steeby pleaded guilty to nine violations of his supervised- release conditions and appeals the resulting 18-month sentence. Because the sentencing proceeding raises some unanswered and material procedural questions, we vacate and remand for resentencing. I. In June 2005, Steeby pleaded guilty to manufacturing prohibited electronic communication intercepting devices--e... Pamela S. ANTON, et al., Plaintiffs-Appellees, v. SBC GLOBAL SERVICES, INC., Defendant-Appellant. , C.A.6 (Mich.), October 29, 2009 On Appeal from the United States District Court for the Eastern District of Michigan. OPINION THAPAR, District Judge. At issue in this appeal is whether the amount that a jury awarded two former sales representatives of SBC Global Services, Inc. ("SBC"), in sales commissions should be lowered or reconsidered by the district court. The parties agree that after the plaintiffs, Pamela S. Anton and Cheryl F. Snipes, helped SBC secure a contract with Colin Communications, Inc. ("CCI"), they wer... David B. COX, Plaintiff-Appellant, v. STANDARD INSURANCE COMPANY; Bon Secours-Cottage Health Services Group Plan, Defendants-Appellees. , C.A.6 (Mich.), October 29, 2009 Appeal from the United States District Court for the Eastern District of Michigan at Detroit. No. 07-13304--Anna Diggs Taylor, District Judge. Troy W. Haney, Haney Law Office, P.C., Grand Rapids, MI, for Appellant. Warren Sebastian von Schleicher, Smith, von Schleicher & Associates, Chicago, IL, for Appellees. OPINION BOYCE F. MARTIN, JR., Circuit Judge. In this ERISA case, David B. Cox, M.D., appeals the district court's judgment on the administrative record approving Standard Insura... Issam Mohamad GHAZALI, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent. , C.A.6, October 29, 2009 Holdings: The Court of Appeals, Sutton, Circuit Judge, held that: (1) Court of Appeals of jurisdiction to review order, and (2) immigration judge (IJ) was not deprived of authority to find that application was frivolous due to fact that application was time-barred. Petition denied. ARGUED:Ronald E. Kaplovitz, Kaplovitz & Associates, P.C., Sylvan Lake, Michigan, for Petitioner. Patrick James Glen, United States Department of Justice, Washington, D.C., for Respondent. ON BRIEF:Ronald E... NATIONAL UNION FIRE INSURANCE CO. OF PITTSBURGH, PA, Plaintiff-Appellant, v. Richard O. WUERTH; Lane Alton & Horst, Defendants-Appellees. , C.A.6 (Ohio), October 28, 2009 On Appeal from the United States District Court for the Southern District of Ohio. LEON JORDAN, District Judge. National Union Fire Insurance Co. of Pittsburgh, PA ("National Union") appeals the district court's summary judgment dismissing its legal malpractice complaint against appellees Richard O. Wuerth and Lane Alton & Horst ("Lane Alton"). For the reasons that follow, we affirm. On February 21, 2003, National Union filed suit alleging malpractice and misrepresentation by Lane Alt... Sean and Jacquiline BRANHAM, Plaintiffs-Appellants, v. MICRO COMPUTER ANALYSTS et al., Defendants-Appellees. , C.A.6 (Ky.), October 28, 2009 On Appeal from the United States District Court for the Eastern District of Kentucky. OPINION RONALD LEE GILMAN, Circuit Judge. While repairing Jacqueline Branham's computer, Micro Computer Analysts, Inc. (MCA) employee Eric Lakes discovered what he believed to be files containing child pornography. Lakes contacted the local police to report what he had found. The police arrested Sean Branham, Jacqueline's husband, approximately one year later. Two months thereafter, all charges were d... UNITED STATES of America, Plaintiff-Appellee, v. Artavus KELLY, Defendant-Appellant. , C.A.6 (Tenn.), October 28, 2009 On Appeal from the United States District Court for the Middle District of Tennessee. ROGERS, Circuit Judge. Defendant Artavus Kelly appeals the district court's denial of his motion for a sentence reduction under 18 U.S.C. § 3582(c)(2). Kelly pled guilty to a crack cocaine offense in 2004 pursuant to a written plea agreement. Kelly alleges that he is entitled to a sentence reduction because the district court relied on the now-amended crack provision of the Sentencing Guidelines when it... UNITED STATES of America, Plaintiff-Appellee, v. Brandon JACKSON, Defendant-Appellant. , C.A.6 (Ky.), October 28, 2009 On Appeal from the United States District Court for the Eastern District of Kentucky. OPINION ADAMS, District Judge. Appellant Brandon Jackson ("Appellant") appeals from the district court's Judgment of Sentence and Conviction ("Judgment") in which it sentenced Appellant to 162 months to be served consecutively to a similar sentence in the United States District Court for the Southern District of Ohio. Jackson pled guilty in the Eastern District of Kentucky to a violation of 18 U.S.C. § 92... Calvin R. PETTREY, Nikki Pettrey, Plaintiffs-Appellants, v. ENTERPRISE TITLE AGENCY, INC.; First USA Title Agency, LP; John DeSantis, Defendants-Appellees. , C.A.6 (Ohio), October 27, 2009 Holding: The Court of Appeals, Thapar, Circuit Judge, held that appeal was rendered moot by borrowers' settlement of their claims. Dismissed. ARGUED:David G. Oakley, Kramer & Associates, LPA, Cleveland, Ohio, for Appellants. Ellyn Tamulewicz Mehendale, Janik L.L.P., Cleveland, Ohio, for Appellees. ON BRIEF:David G. Oakley, Edward G. Kramer, Kramer & Associates, LPA, Cleveland, Ohio, Richard S. Gordon, Martin E. Wolf, Quinn, Gordon & Wolf, Chtd., Towson, Maryland, for Appellants. Ellyn Ta... UNITED STATES of America, Plaintiff-Appellee, v. Errol Eugene WASHINGTON, Defendant-Appellant. , C.A.6 (Tenn.), October 27, 2009 Holding: The Court of Appeals, Griffin, Circuit Judge, held that, as a matter of first impression in the circuit, district court lacked authority to impose sentence below minimum amended guideline range. Affirmed. Moore, Circuit Judge, filed opinion concurring in the judgment. John G. Oliva, Nashville, Tennessee, for Appellant. Matthew J. Everitt, Assistant United States Attorney, Nashville, Tennessee, for Appellee. GRIFFIN, J., delivered the opinion of the court, in which SILER,... Todd J. DELAY, Plaintiff-Appellant, v. ROSENTHAL COLLINS GROUP, LLC, Defendant-Appellee. , C.A.6 (Ohio), October 27, 2009 Appeal from the United States District Court for the Southern District of Ohio at Columbus. No. 07-00568--Norah McCann King, Magistrate Judge. ARGUED:James G. Vargo, James E. Arnold & Associates, LPA, Columbus, Ohio, for Appellant. Jeffrey A. Schulman, Wolin, Kelter & Rosen, Ltd., Chicago, Illinois, for Appellee. ON BRIEF:James G. Vargo, James E. Arnold & Associates, LPA, Columbus, Ohio, for Appellant. Jeffrey A. Schulman, Wolin, Kelter & Rosen, Ltd., Chicago, Illinois, for Appellee. OPINIO... UNITED STATES of America, Plaintiff-Appellee, v. Jerry Jack HEBERT, Defendant-Appellant. , C.A.6 (Mich.), October 26, 2009 Holding: The Court of Appeals, Merritt, Circuit Judge, held that sentencing judge's request for mental health evaluation and counseling of defendant was not "final sentence" for purposes of statute allowing appeal of otherwise final sentence in certain circumstances. Appeal dismissed. ON BRIEF:Paul A. Peterson, Federal Public Defenders Office, Marquette, Michigan, for Appellant. Maarten Vermaat, Assistant United States Attorney, Marquette, Michigan, for Appellee. OPINION MERRITT, Circuit... Dale Edward MICHAEL, John R. Hasenauer, Roy G. Arnold, and Jimmy D. Eubanks, Plaintiffs-Appellees, v. Malcolm B. FUTHEY, Jr., and United Transportation Union, Defendants-Appellees, and James M. Brunkenhoefer, Roy G. Boling, C.A. Iannone, J.R. Cum, C.A.6 (Ohio), October 23, 2009 Holding: The Court of Appeals, McKeague, Circuit Judge, held that dispute over validity of proposed merger was "representation dispute" under Railway Labor Act (RLA), and National Mediation Board (NMB) therefore had exclusive jurisdiction to hear cause. Remanded for dismissal. Clay, Circuit Judge, filed dissenting opinion. On Appeal from the United States District Court for the Northern District of Ohio. OPINION McKEAGUE, Circuit Judge. Plaintiffs, members of a trade union, sued thei... CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, and Howard McDougall, Trustee, Plaintiffs-Appellants, v. INTERNATIONAL COMFORT PRODUCTS, LLC, Defendant-Appellee. , C.A.6 (Tenn.), October 23, 2009 Appeal from the United States District Court for the Middle District of Tennessee at Nashville. No. 07-00383--Aleta Arthur Trauger, District Judge. ARGUED:John Joseph Franczyk, Jr., Central States Law Department, Rosemont, Illinois, for Appellants. Lee T. Polk, Barnes & Thornburg LLP, Chicago, Illinois, for Appellee. ON BRIEF:John Joseph Franczyk, Jr., Anthony E. Napoli, Central States Law Department, Rosemont, Illinois, for Appellants. Lee T. Polk, Barnes & Thornburg LLP, Chicago, Illinois, ... © 2009 West, a Thomson business Westlaw Integration Solutions  /  Westlaw.com