Daily Case Update Archive

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Jan. 17, 2006

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

TOPICS:
- Excessive-force claim
- Statutory mandatory minimum sentence
- Internal Revenue Service - False claims
- Double Jeopardy Clause
- Health Care Benefits

Ohio Supreme Court

 

No Opinion.

 

First District Court of Appeals

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No Opinion.

 

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

 

Ciminillo v. Streicher (January 17, 2006) (Appeal from S.D. Ohio)
-  http://www.ca6.uscourts.gov/opinions.pdf/06a0015p-06.pdf
-  Plaintiff-Appellant Kyle Ciminillo filed a lawsuit pursuant to 42 U.S.C. § 1983, after he was allegedly shot in the face with a beanbag propellant during the course of a riot. The district court granted summary judgment to Defendant-Appellee Gerald Knight on Ciminillo's excessive-force claim, and to Defendant-Appellee City of Cincinnati on Ciminillo's failure-to-train claim. Ciminillo appeals that decision. For the following reasons, we REVERSE the district court's order granting summary judgment to Officer Knight and REMAND for further proceedings. We AFFIRM the district court's order granting summary judgment to the City of Cincinnati.
 
USA v. Arroyo (January 17, 2006) (Appeal from N.D. Ohio)
-  http://www.ca6.uscourts.gov/opinions.pdf/06a0016p-06.pdf
-  Defendant Robert L. Arroyo ("Arroyo") appeals his sentence of fifty-one months imprisonment followed by a three-year supervised release imposed by the district court pursuant to a plea agreement reflecting Arroyo's admission to possessing one thousand or more marijuana plants in violation of 21 U.S.C. § 841(b)(1)(A)(vii). Arroyo was originally sentenced shortly after his plea agreement to a term of forty-one months' imprisonment followed by a term of three years of supervised release. After this sentencing, the government filed a motion to correct the sentence, pursuant to Federal Rule of Criminal Procedure 35(a), contending that it was clear error for the district court to have sentenced Arroyo below the statutory mandatory minimum sentence. The district court thereafter recalculated Arroyo's sentence to incorporate the mandatory minimum. Arroyo appeals the revised sentence, contending that the district court erred in granting the government's Rule 35(a) motion and, furthermore, that the district court sentenced him in violation of United States v. Booker, 125 S.Ct. 738 (2005). Because the district court's decision to resentence Arroyo exceeded its authority pursuant to Rule 35(a), we vacate the sentence and remand the matter to the district court with instructions to reinstate Arroyo's original sentence.
 
USA v. McBride (January 17, 2006) (Appeal from S.D. Ohio)
-  http://www.ca6.uscourts.gov/opinions.pdf/06a0018p-06.pdf
-  Defendant-Appellant James T. McBride is before us for the second time. In his first appeal, McBride appealed his conviction and sentence for presenting false claims to the Internal Revenue Service, obstruction of justice, and bankruptcy fraud. We reversed his conviction on one count, but affirmed the remaining convictions. We also vacated McBride's sentence and remanded his case for resentencing so that the district court could determine whether, under the relevant application note and provision of the United States Sentencing Guidelines ("Guidelines"), a downward departure may be warranted because of the possibility that the court's loss determination overstates the severity of the offense. At resentencing, the district court announced two identical sentences: one under the Guidelines, and one that treated the Guidelines as advisory. McBride appeals his sentence, arguing that the district court violated his Sixth Amendment rights in light of United States v. Booker, -- U.S. --, 125 S.Ct. 738 (2005), and that the alternative sentence is unreasonable. For the reasons that follow, we AFFIRM the sentence imposed by the district court.

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

 

USA v. DeCarlo (January 17, 2006) (Appeal from W.D. Tennessee)
-  http://www.ca6.uscourts.gov/opinions.pdf/06a0017p-06.pdf
-  Defendant-appellant Thomas Reid DeCarlo appeals his conviction and sentence for two counts of traveling in interstate commerce with intent to engage in a sexual act with a minor female. DeCarlo was convicted by a jury of violating both 18 U.S.C. § 2241(c) * which prohibits interstate travel with the intent to have sex with a child younger than twelve years old * and 18 U.S.C. § 2423(b) * which prohibits interstate travel for the purpose of engaging in "illicit sexual conduct," defined as a sexual act with a person under eighteen years old that violates one of the sections of chapter 109A of Title 18, which includes section 2241(c). See 18 U.S.C. §2423(f). On appeal, DeCarlo contends that his arrest was unlawful because probable cause did not support the arrest warrant; conviction of both counts, which were based on the same conduct, violates the Double Jeopardy Clause; the district court erred in granting a four-level enhancement based on a victim under twelve years of age, see U.S.S.G. § 2A3.1(b)(2)(A); his constitutional rights were violated because a jury did not determine that the victim was under twelve and he used a computer to facilitate the crime; and the district court erred in failing to grant downward departures based on illicit tactics employed by a law enforcement officer. We conclude that there was no defect in the arrest warrant, the Double Jeopardy Clause requires that we vacate the conviction on one of the counts, the Sentencing Guidelines range was properly calculated, and resentencing is required by United States v. Booker, 543 U.S. 220, 125 S. Ct. 738 (2005).
 
on v. El Paso TN Pipeline (January 17, 2006) (Appeal from E.D. Michigan)
-  http://www.ca6.uscourts.gov/opinions.pdf/06a0019p-06.pdf
-  The plaintiffs in these four consolidated appeals are retirees or surviving spouses of the J.I. Case Company or the Case Corporation, and they seek fully funded lifetime retiree health care benefits from the defendants. The district court found that the plaintiffs demonstrated a likelihood of success on the merits and entered a preliminary injunction requiring the continued payment of the health care benefits. In three of the consolidated appeals, the underlying issue is whether the retirement health care benefits vested for life. We conclude that the district court did not abuse its discretion in determining that the plaintiffs are likely to succeed on their claim that their health care benefits are fully vested for life. So concluding, we turn to the question presented in the fourth consolidated appeal, and hold that the district court correctly determined that the contract between El Paso and CNH America unambiguously allocates the full cost of those benefits to El Paso. We therefore AFFIRM the district court's judgment in all respects.

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