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.

If you would like to receive a daily e-mail with same-day case updates, please join our Members-Only discussion list.  Not a member?  Join today!

March 23, 2006

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

TOPICS:
- Controlled substance offense
- Sentencing
- Motion for new counsel
- Right to testify
- Evidence
 

Ohio Supreme Court

 

No Opinion.
 

First District Court of Appeals

[Search Other Ohio Districts]
 

No Opinion.
 

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

 

USA v. Montanez  (March 23, 2006) (Appeal from N.D. Ohio)
-  http://www.ca6.uscourts.gov/opinions.pdf/06a0107p-06.pdf
-  Montanez was charged in a one-count indictment for possession of an unspecified amount of cocaine with the intent to distribute in violation of 21 U.S.C. § 841(a). Montanez pled guilty and was sentenced to 130 months imprisonment, the minimum sentence under the Federal Sentencing Guidelines, based on the district court's conclusion that Montanez qualified as a career offender. See U.S.S.G. § 4B1.1. Montanez objected to the Guideline sentence based on Blakely v. Washington, 542 U.S. 296 (2004). The district court denied the objection, but stated that if the Guidelines were not mandatory, it would sentence Montanez to 60 months instead of the 130 months mandated by the Guidelines. On appeal, Montanez argues that he is entitled to be resentenced based upon United States v. Booker, 543 U.S. 220 (2005), and the government concedes that Montanez is entitled to resentencing under this Court's decision in United States v. Barnett, 398 F.3d 516, 526 (6th Cir. 2005). Montanez also argues that his predicate convictions in Ohio state court do not qualify as "controlled substance offense[s]" under section 4B1.1, and therefore he is not a career offender under the now-advisory Guidelines. In support of his claim, Montanez cites to allegedly conflicting unpublished dispositions from this Circuit on whether convictions under former Ohio Revised Code § 2925.03 qualify as controlled substance offenses, and therefore enhancing predicate offenses, under the Guidelines. We use the categorical approach and hold that Montanez's convictions under Ohio Revised Code § 2925.03(6) and (9) do not qualify as "controlled substance offense[s]" under section 4B1.1. We therefore VACATE Montanez's sentence and REMAND for resentencing.
 

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

 

USA v. Chambers (March 23, 2006) (Appeal from E.D. Kentucky)
-  http://www.ca6.uscourts.gov/opinions.pdf/06a0107p-06.pdf
-  Chambers was indicted on ten counts of transportation of child pornography via computer in violation of 18 U.S.C. § 2252(a)(1), one count of transporting a minor across state lines for the purpose of criminal sexual activity in violation of 18 U.S.C. § 2423(a), and one count of possession of child pornography in violation of 18 U.S.C. § 2252(a)(4)(b). Chambers pled not guilty and proceeded to trial, whereupon he was convicted on all counts. Chambers was then sentenced to life imprisonment. On appeal, Chambers argues that: (1) the district court abused its discretion when it denied Chambers's motion for new counsel; (2) the district court erred when it determined that Chambers voluntarily waived his right to testify on his own behalf; (3) there was insufficient evidence to convict him; (4) various evidence was improperly admitted against him; (5) that his sentence was improperly imposed and that he is entitled to resentencing pursuant to United States v. Booker, 543 U.S. 220 (2005) and United States v. Oliver, 397 F.3d 369 (6th Cir. 2005). The government concedes that Chambers is entitled to resentencing. For the reasons that follow, we AFFIRM Chambers's convictions, but VACATE his sentence and REMAND for resentencing.
 

Daily Case Updates