Daily Case Update Archive

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November 27th, 2006

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

TOPICS:
- Sentencing
- Motion to suppress evidence
- writ of coram nobis
- Dress code - 1st Amendment
- AntiCybersquatting Consumer Protection Act
 

Ohio Supreme Court

 

No Opinions.
 

First District Court of Appeals

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No Opinions.

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

 

USA v. Carson (Nov. 27, 2006) (Appeal from N.D. Ohio)
-  http://www.ca6.uscourts.gov/opinions.pdf/06a0436p-06.pdf
-  Ronald Carson appeals the 168-month sentence imposed following his guilty plea to charges of possession with intent to distribute heroin and attempted possession with intent to distribute heroin. The district court determined that Carson was a career offender based on two prior drug convictions in Ohio. Carson maintains that the state court convictions are related under the Sentencing Guidelines because they were functionally consolidated and, therefore, that these convictions cannot support a career offender enhancement. Carson also maintains that the sentence imposed is unreasonable because the district court treated the Sentencing Guidelines as mandatory and failed to consider the factors outlined in 18 U.S.C. § 3553(a). Because the district court did not err in determining that Carson is a career offender and because the sentence imposed is reasonable, we affirm.
 

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

 

USA v. McPhearson  (Nov. 27, 2006) (Appeal from W.D. Tenn.)
-  http://www.ca6.uscourts.gov/opinions.pdf/06a0435p-06.pdf
-  A grand jury returned an indictment charging Martedis McPhearson ("McPhearson") with possession of crack cocaine with intent to distribute, being a felon in possession of a firearm, and possession of a firearm during and in relation to a drugtrafficking crime. McPhearson filed a motion to suppress evidence seized from his residence. The United States District Court for the Western District of Tennessee granted McPhearson's motion. The government appeals the order granting the motion to suppress. For the following reasons, we affirm the district court's order.
 
USA v. Sandles  (Nov. 27, 2006) (Appeal from E.D. Mich.)
-  http://www.ca6.uscourts.gov/opinions.pdf/06a0437p-06.pdf
-  This appeal consolidates two related bank-robbery cases concerning Defendant John Sandles, appearing pro se on appeal. Sandles, who has been diagnosed with bipolar disorder, was on supervised release from a previous bank-robbery conviction when he committed the robbery at issue in this case. The Government and Sandles agree that Sandles confessed to robbing a branch of Michigan National Bank in February 2000, in Dearborn, Michigan. At the trial, over which Judge George Steeh presided, the jury convicted Sandles of bank robbery, notwithstanding his assertion of an insanity defense and his testimony that the Angel Gabriel told him to rob the bank and give the money to the poor. After Sandles' conviction in Judge Steeh's court, Judge Denise Hood, with respect to Sandles' first bank-robbery conviction, dismissed Sandles' petition for a writ of coram nobis and revoked his supervised release. Judge Hood sentenced Sandles to fifteen months of imprisonment. Judge Steeh then sentenced Sandles to 151 months of imprisonment, with the sentence to run concurrently with the sentence imposed by Judge Hood. We affirm in part and reverse in part. Sandles makes eight cognizable arguments on appeal, challenging both his conviction and sentences. One of Sandles' arguments concerning his conviction is meritorious: the Government failed to introduce sufficient evidence at trial that the Michigan National Bank's deposits were insured by the FDIC at the time of the robbery, a required element of a federal bank-robbery charge. Therefore, we reverse Sandles' conviction for bank robbery. But we affirm the district court's denial of Sandles' motion to dismiss for alleged violations of his rights under the Speedy Trial Act, and we affirm the district court's dismissal of Sandles' writ of coram nobis concerning his prior bank-robbery conviction. We remand this case for a new trial. See Lockhart v. Nelson, 488 U.S. 33, 40-42 (1988) (holding that the Double Jeopardy Clause does not prevent retrial if an appellate court concludes that evidence was erroneously admitted and that there would have been insufficient evidence to convict without that improper evidence).
 
Roberts v. Ward (Nov. 27, 2006) (Appeal from E.D. Ky.)
-  http://www.ca6.uscourts.gov/opinions.pdf/06a0438p-06.pdf
-  Plaintiffs Genell Roberts, Sandra Dale, and William Leslie were employees of the Kentucky Department of Parks. They were terminated from employment in May 2004 for failing to comply with the Department's dress code. They subsequently filed suit, alleging violations of their First Amendment, equal protection, and procedural and substantive due process rights, as well as state statutes. The district court granted a partial motion to dismiss for failure to state a claim in favor of defendants, and later dismissed the remaining claims pursuant to the defendant's motion for summary judgment. The plaintiffs now appeal these dismissals. For the following reasons, we AFFIRM the district court.
 
Audi AG, et al v. D'Amato (Nov. 27, 2006) (Appeal from E.D. Mich.)
-  http://www.ca6.uscourts.gov/opinions.pdf/06a0439p-06.pdf
-  Defendant Bob D'Amato, who is unaffiliated with Audi, used the domain name www.audisport.com to sell goods and merchandise displaying Audi's name and trademarks. Audi claims that D'Amato's website infringes and dilutes its world famous trademarks "AUDI," the "AUDI FOUR RING LOGO," and "QUATTRO," as well as the distinctive trade dress of Audi automobiles. Audi also claims that D'Amato violated the AntiCybersquatting Consumer Protection Act. The district court granted summary judgment and injunctive relief to Audi on all claims. The district court also granted Audi attorneys' fees, but refused to award Audi statutory damages under 15 U.S.C. § 1117(a). D'Amato appeals the grant of summary judgment and injunctive relief and award of attorneys' fees to Audi. He also appeals the district court's denial of his Rule 56(f) motion for additional discovery. For the reasons below, we AFFIRM the district court.