Sixth Circuit Blog: Federal Judiciary

Home -> Law Blog Directory -> Federal Judiciary Blogs

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Federal Judiciary

Sixth Circuit Blog

Case summaries and commentary by Federal Defenders of the Sixth Circuit.

Post Frequency: 2/day

Last Entry: November 02, 2020 at 09:14:00

St. Patty?s Day Treat?924(c)s Not Always Consecutive in 2nd Cir.

Posted on March 17, 2009
(Pic in celebration of the Emerald Isle.) Well, following up on my post of March 12, the Second Circuit (Judges Pooler, Hall, and Trager, of the Eastern District of New York) has held that a mandatory minimum sentence under 18 U.S.C. § 924(c)(1)(A) is inapplicable when a defendant is subject to a longer mandatory minimum sentence for a drug-trafficking offense that is part of the same criminal transaction as the firearm offense...

Reckless Endangerment Not a Crime of Violence, maybe

Posted on March 16, 2009
Today, a panel of the Sixth ruled in U.S. v. Baker, that reckless endangerment under Tennessee law does not qualify as a crime of violence for career offender and ACCA purposes. The Sixth found that since reckless endangerment by its definition penalizes reckless, rather than intentional, conduct it does not qualify as a crime of violence after Begay...

So Hot-Off-the-Press that Further Details Will Have to Follow?924(c)s Not Always Consecutive?!

Posted on March 12, 2009
There?s some inauspicious Sixth Circuit case law out there like United States v. Jolivette, 257 F.3d 581, 586?87 (6th Cir. 2001), but good things may be happening. Second Circuit just found that the mandatory minimum under 924(c)(1)(A) is inapplicable when the defendant is subject to a higher mandatory minimum sentence for a drug-trafficking offense when that latter offense is part of the same criminal transaction...

Good News from the Categorical-Approach Front

Posted on March 12, 2009
Nice result in United States v. Medina-Almaguer, No. 07?4254 (6th Cir. Mar. 12, 2009) (panel of Judges Keith, Sutton, and Griffin). Defendant sentenced to 27 months for illegal reentry after deportation. Got the 16-level bump for prior drug-trafficking offense...

To access this complete feed in the blog feed reader login or register for free.

A Brave New World?Sentencing Review

Posted on March 12, 2009
The panel of Judges Martin, Kethledge, and Carr (Chief District Judge, N.D. Ohio) clarified the nature of sentencing review in United States v. Blue, No. 07?5296 (6th Cir. Mar. 9, 2009). The case is somewhat unremarkable in terms of the facts and issue...

Child Exploitation?Refining Definitions

Posted on March 05, 2009

Trial Issues and Sentencing Win

Posted on March 03, 2009

Sentence Vacated in Child-Porn Case?Helpful Ruling Re. Section 3B1.2 for Mitigating Role

Posted on February 26, 2009
Opinion in U.S. v. Groenendal, No. 07?2430 (6th Cir. Feb. 26, 2009) (panel of Judges Gibbons, McKeague, and Shadur, who is a district judge in Northern Illinois), helpful on issue of application of Section 3B1.2?Mitigating Role?in child-porn cases. Basically, the defendant uploaded three pictures in the space of five minutes to join a porn/child-porn chat group on the Internet...

Judge Breen of W.D. Tenn Rules Reckless Endangerment not Crime of Violence

Posted on February 23, 2009
Today Judge Breen of the Western District of Tennessee ruled that felony reckless endangerment under Tennessee law is not a crime of violence in United States v. Jessie Rogers, Case No. 08-10036. Just a heads up. I'll try to link to the written order but am not sure if pacer will let everybody get there.

The Emperor's New Clothes

Posted on February 13, 2009
In the development of the Supreme Court?s post-Booker caselaw, culminating in Kimbrough, the Court has challenged the defense bar to put the Guidelines to the test. The Sentencing Resource Counsel of the Federal and Community Public Defenders have taken up the challenge in a series of papers...

Sixth Circuit Protects us from Guys with Jobs

Posted on February 12, 2009
Today's opinion in United States v. Kontrol, illustrates how the current federal supervised release system fails to truly achieve the purpose for which it was created. Instead of protecting the public from the dangerous actions of Mr. Kontrol, the district court violated a man's supervised release for not telling his probation officer of new employment, then sentences him to a 15 month term of imprisonment...

Rita 101

Posted on February 06, 2009
Rita 101?a district court may not presume that a sentence within the Guideline range is reasonable, said the Supreme Court once again in Nelson v. United States, No. 08-5657 (January 26, 2009)In Nelson, the petitioner was convicted of various drug offenses...

ACCA and Career-Offender Provisions?6th Cir. Gets Inconsistent

Posted on February 05, 2009
In U.S. v. Hawkins, No. 08?5138 (6th Cir. Feb. 4, 2009), Judges Kennedy, Cole, and Gilman issued a five-page opinion finding that possession of a sawed-off shotgun is a crime of violence under Guideline 4B1.2 and can be used to make a defendant a career offender for sentencing purposes...

New Study to Blast Forensic Lab Standards

Posted on February 05, 2009
The New York Times is reporting today the imminent release of a study conducted by the National Academy of Sciences, at the request of Congress, reviewing the methodology employed by many crime labs across the country. The article states that "the National Academy wrote that the field suffered from a reliance on outmoded and untested theories by analysts who often have no background in science, statistics, or other empirical disciplines...

Unpublished Case that is Helpful in Begay analysis

Posted on February 03, 2009
Yesterday, the Sixth Circuit issued an unpublished opinion in U.S. v. Johnson, No. 06-6445, that will be of interest to attorneys looking to challenge prior offenses with a negligent or reckless mens rea as predicate offenses for the career offender enhancement, especially those in Tennessee...

Spears Applied in Sixth Circuit

Posted on February 02, 2009
Quick note on Sixth Circuit?s recent application of Spears. In United States v. Johnson, No. 07?2447 (6th Cir. Jan. 26, 2009), court held that it would remand a crack case because the district court did not have the benefit of Spears when it imposed sentence...

Quick Note on Another Crackerjack Dissent by Judge Merritt

Posted on January 30, 2009
In United States v. Young, Nos. 07?5600, 07?5608 (6th Cir. Jan. 30, 2009), Judge Merritt considered two sentences for marijuana offenses and had to concur in part and dissent in part in regard to the final outcome of the appeal. The defendants had grown marijuana and distributed it off and on for a period of some years...

Good Child-Porn Opinion

Posted on January 29, 2009
It?s out-of-circuit and a district court opinion, but United States v. Grober, No. 06?CR?880, 2008 U.S. Dist. LEXIS 103392 (D.N.J. Dec. 22, 2008) (slated for publication), is worth a read if you?ve got a child-pornography case. Guideline 2G2.2 put defendant at level 38; he was in criminal history category I...

Spears v. U.S.---Getting the Kimbrough Point Across

Posted on January 22, 2009
Spears v. United States, No. 08?5721 (Jan. 21, 2009).Per Curiam reversal of the Eighth Circuit on Kimbrough grounds. District Court had used a 20:1 crack-to-powder ratio (pre-amendments) to sentence a "mine-run" offender. Eighth Circuit said that the district courts may not categorically reject the guideline ratio...

Constructive Possession---Gun Under Driver's Seat Insufficient

Posted on January 20, 2009
United States v. Bailey, No. 06?5576 (6th Cir. Jan . 20, 2009). Opinion by Judge Moore.Granted petition for rehearing and amended portions of panel opinion. Reversed the defendant?s convictions under Sections 922(g)(1) and 924(c)(1)(A)(i). Affirmed conviction under Section 841(a)(1)...

Failure-To-Report is no Violent Felony

Posted on January 13, 2009
Today the U.S. Supreme Court concluded that "failure to present oneself for detention on a specified occasion" is not a violent felony and therefore cannot serve as a predicate offense under the Armed Career Criminal Act. Chambers v. United States, No...

Void for Vagueness Doctrine

Posted on December 19, 2008
Today, in U.S. v. Davis, the Sixth Circuit overturned a Michigan Statute prohibiting dangling objects from a rearview mirror that "obstruct the vision of the driver of the vehicle." A panel, with Judge Martin writing the opinion and citing Kolendar v...

Boggs: Not ineffective to investigate childhood abuse because the jury would've hung 'em anyways

Posted on December 18, 2008
I do not claim to be an expert in habeas law (although Sumnter's presentation this fall in Nashville definitely taught me a lot more than I knew before), but the decision today in ua href="http://ca6pub1.circ6.dcn/opinions.pdf/08a0450p-06.pdf"West v. Bell/a/u seems to fly in the face of logic...

The Right to Allocution

Posted on December 16, 2008
In United States v. Haygood, Case No. 07-1771, decided December 15, 2008, the Sixth Circuit affirmed a district court's denial of a defendant's Motion to Withdraw Guilty Plea, but found that the district court had violated the defendant's right to allocution at sentencing...

Early Christmas Present in South Florida?Great Opinion Finding SORNA Unconstitutional

Posted on December 10, 2008
While this case is an out-of-circuit, district court case, the opinion is so good I wanted to note it here for those dealing with SORNA issues. The case is United States v. Edward Myers, No. 08?60064?CR?Zloch (S.D. Fla. Dec. 9, 2008). Judge William Zloch?s Final Order of Dismissal is 82 pages of thorough Commerce Clause analysis...

Application of Career Offender Guideline Senseless and Adds Nothing to Goals of Deterrence and Rehabilitation

Posted on December 09, 2008
This sentiment, however, was not shared by the majority of the panel.In United States v. Smith, No. 07?5377 (6th Cir. Dec. 2, 2008), the panel of Chief Judge Boggs and Circuit Judges Merritt (pictured) and Griffin considered two issues: 1) denial of a motion to suppress evidence, and 2) reasonableness of a sentence based on application of the career-offender guideline...

Violation of 18 U.S.C. § 3553(c) constitutes plain error

Posted on December 02, 2008
In United States v. Blackie, Case No. 07-2002, a panel majority in the Sixth Circuit held a district court?s failure to comply with 18 U.S.C. § 3553(c)(2) constitutes plain error. (Section 3553(c)(2) requires district courts to give specific reasons for imposing a sentence that falls outside the Guidelines range)...

The Fifth and Sixth Amendments Live to Fight Another Day

Posted on December 02, 2008
In Thompkins v. Berghuis, Case No. 06-2435, the Sixth Circuit granted habeas relief due to violations of defendant Thompkins? rights under the Fifth and Sixth Amendments. At the state trial level, Thompkins moved to suppress statements he made during his post-arrest interrogation...

Flexibility of Marijuana Equivalency Table

Posted on December 02, 2008
In United States v. Brown, Case No. 07-5465, the Sixth Circuit amended its prior opinion after the government moved for rehearing. Defendant Brown had pled guilty to possessing both crack and powder cocaine. In the original opinion, the panel remanded Brown for resentencing to allow the district court to resentence Brown with the benefit of the November 1, 2007 Amendments to the Sentencing Guidelines regarding crack cocaine calculations...

Effective assistance of counsel? Really?

Posted on December 02, 2008
In Hawkins v. Coyle, Case Nos. 05-4032/4049, the Sixth Circuit held petitioner Hawkins, who was sentenced to death, was not prejudiced by his trial counsel?s failure to conduct any mitigation investigation on Hawkins? behalf. Hawkins had been convicted of committing four counts of aggravated murder, each of which carried two death penalty specifications, and two counts of aggravated robbery with a firearm...

Previous | Next

Related Law Bulletins

2d Circuit Hears Oral Arguments In Muslim Border-Search Case
Yesterday, the U.S. Second Circuit Court of Appeals heard oral arg...

10th Circuit Rules Largely In Favor of Summum "7 Aphorisms" Monuments
In decisions yesterday, the U.S. 10th Circuit Court of Appeals dea...

Hague Abduction: New 6th Circuit Case on Grave Risk of Harm
The U.S. Court of Appeals for the Sixth Circuit has issued a hi...

New Baptist Covenant Blog
Last week, I pointed to the New Baptist Convenant website, now onl...

The Mexico Trucker Blog
I've written before about the perceived problems with relaxed rest...