Case law

United States v. Hockett

39 F. App'x 163 · Court of Appeals for the Sixth Circuit · May 13, 2002

Hockett’s argument runs counter to well established legal precedent as well as common sense. … Therefore the district court’s “relevant conduct” calculation was not clearly erroneous. V. We conclude that all of Hockett’s arguments are meritless. Therefore, we AFFIRM his sentence.

United States v. Timothy Beach

325 F. App'x 402 · Court of Appeals for the Sixth Circuit · Apr 20, 2009

Because the precedent of the circuit and of the Supreme Court clearly establishes that prior felonies need not be included in the indictment to form the basis of a minimum sentence for being an armed career criminal, we … However, §924(e)(1), known as the Armed Career Criminal Act (ACCA), establishes a mandatory fifteen-year minimum where the defendant has three previous qualifying felonies.

Fortis Corp Ins v. Viken Ship Mngmt

Court of Appeals for the Sixth Circuit · Jun 8, 2006

Clearly Schelling cannot reasonably expect to sell a potentially dangerous product into the United States, exact its price, and then shirk any obligations that arise when its machine goes awry. … Yet the only specific contact with Michigan (as opposed to the United States) that would qualify as a “plus” factor in the Asahi formulation is the technician’s installation of the saw in Michigan and demonstration of the

Ida Housman v. Meijer, Inc., a Michigan Corporation, D/B/A Meijer's Thrifty Acres County of Oakland Sheriff John F. Nichols and Deputy Sean Stoner

35 F.3d 565 · Court of Appeals for the Sixth Circuit · Aug 29, 1994

The court in Smith held, after a lengthy discussion, that section 7 of the governmental immunity act, MICH.COMP.LAWS Sec. 1407, which grants governmental immunity from tort liability, makes no exception to immunity for intentional … Although Smith involved a suit against an agency and not an individual, the court's interpretation of "tort liability" in the act clearly applies to individual immunity contained in the same section of the act.

Black Farmers & Agriculturalists Ass'n v. Brooke Rollins

Court of Appeals for the Sixth Circuit · Oct 8, 2025

For the Farmers’ claims to qualify, the money would have to “assist[]” a deceased farmer who suffered discrimination. Id. That is impossible. … I agree with portions of the majority’s analysis but write separately to emphasize that there clearly is a compensatory element to Congress’s choice of the term “assistance.”

Marla Lopez-Diego v. Jefferson B. Sessions, III

704 F. App'x 576 · Court of Appeals for the Sixth Circuit · Nov 14, 2017

The BIA first found that the IJ’s determination that the petitioners (respondents below) had not established past persecution or a well-founded fear of future persecution was not clearly erroneous.3 Id. at 3 (BIA Dec. at … Relief Under the CAT To qualify for protection under the CAT, an applicant must “establish that it is more likely than not that he or she would be tortured if removed to the proposed country of removal.” 8 C.F.R

Gary A. Wilkerson v. Ernest Pellegrin, Commissioner Howard Cook, Warden Ricky J. Bell, Captain Richbard Wire Donelson, Co-1 and Barnes, Co-1

802 F.2d 461 · Court of Appeals for the Sixth Circuit · Aug 15, 1986

802 F.2d 461 Unpublished Disposition NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service … The district court's holding to this effect is correct. 5 Defendants Dwire, Donelson, and Barnes were properly dismissed whether or not they had qualified immunity.

United States v. Phillip Walsh

654 F. App'x 689 · Court of Appeals for the Sixth Circuit · Jun 29, 2016

In light of Section 538 of the 2015 Appropriations Act, they contend that compliance with state law provides immunity and an affirmative defense against federal marijuana charges. … Hartwick, 870 N.W.2d 37, 42 (Mich. 2015)). 6 For cases that fall outside of the immunity parameters, Walsh argues that Section 8 of the MMMA can provide an affirmative defense if a defendant establishes

Vivian Janet Bowman v. Joey Doom, Agent to Liberty Mutual Insurance, Fayette County Deputy Sheriff Montgomery

103 F.3d 128 · Court of Appeals for the Sixth Circuit · Dec 13, 1996

Claims that lack an arguable or rational basis in law include claims for which the defendants are clearly entitled to immunity and claims of infringement of a legal interest which clearly does not exist; claims that lack … In addition, assuming that both Bowman and Doom are residents of Kentucky, Bowman has not established a jurisdictional basis in federal court for her state tort claim against Doom.

Wynn v. Jones

886 F.2d 331 · Court of Appeals for the Sixth Circuit · Sep 29, 1989

886 F.2d 331 Unpublished Disposition NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service … These allegations provide the basis for a valid qualified immunity defense. See Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982).

United States v. Clements

142 F. App'x 223 · Court of Appeals for the Sixth Circuit · Jun 22, 2005

In order to qualify for the additional reduction under § 3El.l(b), the defendant must also qualify for a decrease under § 3El.l(a). U.S.S.G. § 3E1.1, app. note 6. … Where the law at the time of trial was settled and clearly contrary to the law at the time of appeal, it is sufficient that an error be plain at the time of appellate consideration.

United States v. Akins

237 F. App'x 61 · Court of Appeals for the Sixth Circuit · Jun 14, 2007

Distribution and Conspiracy to Distribute Cocaine Base Akins contends that there was insufficient evidence to convict him of the charges because the witnesses against him were felons who were either given immunity … Monus, 128 F.3d 376, 393 (6th Cir. 1997) (“Statements that identify participants and their roles in the conspiracy also qualify as statements made in furtherance of the conspiracy.” (internal citations omitted)).

John Doe v. Univ. of Mich.

78 F.4th 929 · Court of Appeals for the Sixth Circuit · Aug 21, 2023

The district court then determined that the University’s actions violated Doe’s clearly established rights, and the court denied the University defendants qualified immunity. Id. at 728. … Doe did not plead facts establishing that the harm he anticipated was at all “likely to come to pass.” Warshak, 532 F.3d at 525.

Ismail A. Raheem v. Robert E. Lecureux, R. Mendominee, B. Davis, Officer Moon

945 F.2d 405 · Court of Appeals for the Sixth Circuit · Oct 3, 1991

945 F.2d 405 NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished … The defendants were clearly acting in their official capacity in this case. See Cowan v. University of Louisville School of Medicine, 900 F.2d 936, 940-941 (6th Cir.1990).

Roosevelt Mitchell v. Georgia-Pacific Corporation

91 F.3d 144 · Court of Appeals for the Sixth Circuit · Jul 15, 1996

TITLE VII CLAIMANTS 22 We scrutinize Title VII cases under a well-established analytical framework. … Mitchell may establish a prima facie case by showing: (i) he belongs to a racial minority group; (ii) he is qualified for the job from which he was discharged; (iii) he was discharged; and (iv) the position was filled by

Sheila White, Plaintiff-Appellee/cross-Appellant v. Burlington Northern & Santa Fe Railway Co., Defendant-Appellant/cross-Appellee

364 F.3d 789 · Court of Appeals for the Sixth Circuit · Apr 14, 2004

Brown replaced White with Ellis, the only other employee qualified to perform the forklift job. … Only White and Ellis were qualified to perform the forklift position.

Robert Bojaj v. Mary Berghuis

702 F. App'x 315 · Court of Appeals for the Sixth Circuit · Jul 24, 2017

Because the Michigan Court of Appeals’ decision denying Bojaj’s constitutional claim on the merits was neither contrary to nor an unreasonable application of clearly established Supreme Court precedent, Bojaj is not entitled … The argument clearly fails.

United States v. Marvin Hayes

Court of Appeals for the Sixth Circuit · Jul 30, 2019

The government must establish by a preponderance of the evidence that a defendant committed § 924(e)-qualifying convictions “on occasions different from one another.” United States v. … Although no exact date is set forth, it is “clearly possible to discern when [the first] offense ended and the subsequent point at which the next offense began, just as it is clearly possible that [Hayes] could have withdrawn

United States v. Timothy Gordon Faasse

265 F.3d 475 · Court of Appeals for the Sixth Circuit · Sep 14, 2001

Alexandria Scrap Corp., 426 U.S. 794, 803 , 96 S.Ct. 2488 , 49 L.Ed.2d 220 (1976) (noting “the premise, well established by the history of the Commerce Clause, that this nation is a common market”). … Having clarified that point, the Court concluded that several critical factors prevented § 922(q)(l)(A) from qualifying as a valid exercise of congressional authority under the third category.

United States v. Thomas Snyder

Court of Appeals for the Sixth Circuit · Jan 31, 2019

The district court did not clearly err in either regard. We AFFIRM. I. … In light of the incompleteness of the letter, the district court found that Snyder failed to carry his burden in establishing that he was eligible for the safety valve provision.