Case law

United States v. Christopher Ugochukwu

538 F. App'x 674 · Court of Appeals for the Sixth Circuit · Sep 18, 2013

When reviewing the denial of a suppression motion, we uphold the factual findings of the district court unless they are clearly erroneous, and we consider legal questions de novo. … We defer to the district court’s decision because the court was in the best position, after hearing the evidence, to determine whether the defendant qualified for the four-level adjustment.

United States v. Dennis Bolze

444 F. App'x 889 · Court of Appeals for the Sixth Circuit · Jan 9, 2012

As to Bolze’s next argument, we are persuaded that the application of the vulnerable victim enhancement was not based on clearly erroneous facts, nor was the application of § 3A1.1(b)(1) to the facts legally improper. … victim lost her investment in a Ponzi 6 scheme and “was particularly susceptible based on her advanced age, status as a widow, . . . and desire to invest the money to establish

Bushati v. Gonzales

214 F. App'x 556 · Court of Appeals for the Sixth Circuit · Jan 23, 2007

In an oral decision following the hearing, the immigration judge found that Bushati did not qualify for withholding of removal under the INA or the CAT because he had been convicted of an aggravated felony. … The issue of whether substantial evidence supports the immigration judge’s finding that Bushati did not establish that he would likely be subject to torture upon removal to Albania is clearly a factual determination.

Thomas Kovach v. Zurich American Insurance Co

Court of Appeals for the Sixth Circuit · Nov 13, 2009

Am., 486 F.3d 157, 171 (6th Cir. 2007) (“[W]e find no need to remand this matter for additional consideration by LINA because of our conclusion that Cooper has clearly established that she is disabled under the Plan.”); Kalish … Stamp's decision to drive while grossly intoxicated qualifies as overwhelmingly and disproportionately risky conduct. Stamp v. Metro. Life Ins.

United States v. Ricky Lanier

988 F.3d 284 · Court of Appeals for the Sixth Circuit · Feb 11, 2021

The district court’s IT staff member and law clerk—neither of whom were qualified forensic experts—received both devices. … [T]he Ohio Court of Appeals . . . did not engage in an unreasonable application of clearly established federal law as determined by the Supreme Court or reach a result contrary to that law.”).

Cissell Manufacturing Company v. United States Department of Labor

101 F.3d 1132 · Court of Appeals for the Sixth Circuit · Mar 7, 1997

entered into a contract in excess of $2500 with a Federal department or agency for the sale of personal property or non-personal services for the United States "take affirmative action to employ and advance in employment qualified … In Harlan Bell, we reasoned that "[f]undamental fairness" dictates such a remand. 904 F.2d at 1048 . 39 Clearly, this case raises no similar concerns of fairness.

United States v. Tommy Jones

Court of Appeals for the Sixth Circuit · May 29, 2020

First, Jones argues that his 1991 conviction cannot qualify as a basis for the sentencing enhancement. … The Tenth Circuit found that the trial court clearly erred.

United States v. Michelle Smith

350 F. App'x 54 · Court of Appeals for the Sixth Circuit · Oct 29, 2009

Thus, because Smith failed to object to the district court’s application of the career offender guideline after pronouncing her sentence, we review the district court’s decision to apply § 4B1.1 for plain error.2 To establish … Because Smith’s criminal history score was 17, her criminal history contained four more points than necessary to qualify as category VI, the highest category, which requires a minimum of 13 points.

United States v. David Antonio Smith

944 F.2d 906 · Court of Appeals for the Sixth Circuit · Sep 18, 1991

Although both Jermaine Smith and Andre Smith testified either under immunity grants or for other considerations, it should be noted that "attacks on witness credibility are simply challenges to the quality of the government's … Although there was other evidence also tying the defendant to the box and its contents, the foregoing recitation is sufficient to indicate clearly that there was more than ample evidence in the record from which a reasonable

United States v. Donna Kaye Lewis

81 F.3d 161 · Court of Appeals for the Sixth Circuit · Mar 22, 1996

81 F.3d 161 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 court disagreed, stating that "[t]he fact that she was less culpable than organizers, leaders, managers or supervisors' does not establish that the defendant was a minor participant." Id. at 428 .

Jordan v. MI Conference

Court of Appeals for the Sixth Circuit · Mar 24, 2000

, beneficiary, or fiduciary, the court in its a district court to award attorney’s fees to a victorious party discretion may allow a reasonable attorney’s fee and costs of in a lawsuit, even if that party qualifies … would clearly injure the plan. See Lockheed Corp. v. Spink, ILGWU Nat’l Retirement Fund, 902 F.2d 185, 187 (2d Cir. 517 U.S. 882, 888 (1996).

Dominick Vincentini v. CIR

429 F. App'x 560 · Court of Appeals for the Sixth Circuit · Jul 12, 2011

Theft losses qualify as net operating losses and may be carried back up to three taxable years. Id. § 172(a), (b)(1)(F)(ii)(I). … See e.g., Mortensen, 440 F.3d at 387 (a taxpayer’s reliance on a promoter of cattle breeding partnerships was insufficient to establish the good faith defense); Pasternack v.

Wayne Grubb v. YSK Corporation

401 F. App'x 104 · Court of Appeals for the Sixth Circuit · Nov 18, 2010

However, because Grubb was informed of his termination immediately upon his return to YSK following his recovery from his heart attack, the decision had clearly already been made–he was simply afforded an opportunity to … Consequently, he must establish: “1) that he was a member of a protected class; 2) that he was discharged; 3) that he was qualified for the position held; and 4) 15 No.

Monica Gray v. State Farm Mutual Auto Ins. Co.

Court of Appeals for the Sixth Circuit · Jul 25, 2025

For the third element, Gray relies on her termination, which unquestionably qualifies as an adverse action. See Burlington N. & Santa Fe Ry. Co. v. White, 548 U.S. 53, 62–64, 68 (2006). … The Supreme Court clearly framed “motivat[ion]” and “inten[t]” as distinct requirements in a cat’s paw claim. Staub, 562 U.S. at 422.)  No. 24-3086 Gray v. State Farm Mutual Auto. Ins.

Equal Employment Opportunity Commission v. Ford Motor Company

98 F.3d 1341 · Court of Appeals for the Sixth Circuit · Sep 30, 1996

There is no question that Briggs is eminently qualified for the general supervisor position. Briggs accepted the new position offered to him effective February 16, 1990. … While an [EEOC] investigator may be an expert in some areas, I cannot conceive how it can be clearly erroneous for a district court to reject his expertise concerning the credibility of witnesses.

United Steelworkers v. Cooper Tire & Rubber

Court of Appeals for the Sixth Circuit · Jan 17, 2007

Given this court’s broad reading of the 2000 Benefits Agreement’s arbitration clause, see Cleveland Elec., 440 F.3d at 814, the 2000 FASB Letter clearly falls within its scope. … In adopting the scope test, we note that it is consistent with the important goal of establishing industrial peace because this test establishes greater certainty in the bargaining process.

Acuff-Rose Music, Inc. v. Campbell

972 F.2d 1429 · Court of Appeals for the Sixth Circuit · Oct 26, 1992

[but] may conclude as a matter of law that [the challenged use] do[es] not qualify as a fair use of the copyrighted work.' " Harper & Row, 471 U.S. at 560 , 105 S.Ct. at 2230 (quoting Pacific & S. Co. v. … The parody (done in an African-American dialect) was clearly intended to ridicule the white-bread original--and if a higher criticism is necessary to qualify the derivative work as true parody, such criticism is readily discernible

Carolyn M. Parnell v. Michael P.W. Stone, Secretary of the United States Army

12 F.3d 213 · Court of Appeals for the Sixth Circuit · Dec 15, 1993

The panel unanimously recommended Bartus as the most qualified and plaintiff as the least qualified. … Under plaintiff's theory (that Quinn's statement to her establishes pretext), it is irrelevant who the panel ranked as the most qualified--she still could claim she was discriminated against.

Keith Hill v. R. Nicholson

383 F. App'x 503 · Court of Appeals for the Sixth Circuit · Jun 24, 2010

Y & H Corp., 546 U.S. 500 (2006), in which the Court cautioned that a requirement is jurisdictional only when Congress “clearly states” that this is the case. Arbaugh, 546 U.S. at 515. … We agree with the VA and the district court that Frogge’s act of requiring Hill to complete his employee evaluations in four days could not possibly qualify as an adverse action because, as explained in Section II.C.4,

Gaudiano v. CIR

Court of Appeals for the Sixth Circuit · Jun 8, 2000

. § 108 might have had motive to provide the Guarantees, we cannot find that the Tax Court clearly erred in disregarding the Taxpayers’ testimony. … concluded that since the first Continuing Guaranty is income if taxpayer is insolvent or is in Title 11], (b) enforceable, the debt was not worthless, regardless of whether [reduction of tax attributes] and (g) [qualified