Daily Case Update Archive

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March 6, 2007

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

TOPICS:
-Eighth Amendment claim
- Sentencing Guidelines
 

Ohio Supreme Court

 

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First District Court of Appeals

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

 

Petty v. Franklin Cnty Oh   (March 6, 2007)(Appeal from S.D. Ohio)
-  http://www.ca6.uscourts.gov/opinions.pdf/07a0091p-06.pdf
-  Plaintiff-Appellant Sherman Petty sustained serious injury to his jaw during a fight with other inmates in the Franklin County Correctional Institute. He sued numerous county defendants under 42 U.S.C. § 1983, alleging primarily that they violated his Eighth Amendment rights by failing to protect him and by failing to provide him with adequate medical care. In particular, Petty claimed that the County's delay in allowing him to undergo surgery, and its failure to provide him exclusively with a "soft" diet prior to the surgery, was the direct cause of his suffering further injury. The district court dismissed Petty's claims against some defendants for failure to state a claim, and against others upon their successful motion for summary judgment. Petty now appeals the dismissal of his claims. For the reasons stated below, we AFFIRM the judgment of the district court.
 

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

 

USA v. Howse  (March 6, 2007)(Appeal from M.D. Tenn.)
-  http://www.ca6.uscourts.gov/opinions.pdf/07a0092p-06.pdf
-  Antonia Howse pled guilty to one count of being a felon in possession of a firearm. In October of 2004, the district court sentenced him to 48 months of imprisonment, which was within the recommended Sentencing Guidelines range of 46 to 57 months. The Guidelines calculation included a four-level enhancement for possessing a firearm during the commission of an aggravated assault that had occurred one day prior to his arrest for the charged offense. Howse's first appeal resulted in a remand for resentencing in light of United States v. Booker, 543 U.S. 220 (2005). On remand, the district court imposed a lesser sentence of 46 months' imprisonment, the bottom of the now-advisory Guidelines range. But the district court continued to find the four-level enhancement appropriate. Howse has again appealed, arguing that the enhancement was improper because the government did not prove that the gun used in the enhancement offense was the same gun, or related to the gun, used in the charged offense. For the reasons set forth below, we VACATE the judgment of the district court and REMAND the case for resentencing.
 

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