Daily Case Update Archive

As a service to our members, we monitor opinions issued from the Ohio Supreme Court, the Ohio State First District Court of Appeals, and the United States Sixth Circuit Court of Appeals.  You can read the latest summaries or archived summaries from 2005 or 2006.

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March 24, 2005

Today's topics:  sentencing enhancements, telephone conversation taped

Ohio Supreme Court | Ohio First District | U.S. 6th Circuit - Ohio | U.S. 6th Circuit - Other States

Ohio Supreme Court

No opinions.

First District Court of Appeals

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U.S. Sixth Circuit Court of Appeals:  Ohio Cases

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U.S. Sixth Circuit Court of Appeals: Other States Cases

United States v. Jackson (March 24, 2005) (Appeal from W.D. Mich.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0146p-06.pdf
Jackson pled guilty to felon in possession of a firearm and the district court assessed a two-level sentencing enhancement. Jackson appealed the sentencing enhancement because court's definition of "stolen" was incorrect. Affirmed court's determination of "stolen" but vacated sentence because, in light of U.S. v. Booker, the district court's comments about the sentencing guidelines indicated that he might have given a different sentence, and remanded for resentencing.

United States v. Moncivais (March 24, 2005) (Appeal from W.D. Tenn.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0145p-06.pdf
Moncivais was indicted on charges of conspiracy to distribute cocaine. He moved to suppress the evidence, and pled guilty when the motions were denied, reserving his right to appeal. Affirmed conviction, finding that taping of telephone conversation did not violate 4th amendment or wiretap statutes, and that the tape was support for probable cause, but vacated sentence because of enhancement, remanding for resentencing.

Daily Case Updates