Branham v. Gannett Satellite Info. Network, Inc., 09-6149, concerned a challenge to the district court’s grant of summary judgment in favor of the employer, in plaintiff’s suit under the Family Medical Leave Act (FMLA) against her former employer for being terminated from her job as a receptionist. In reversing, the court remanded the matter in [...]
Warf v. Bd of Elections of Green County, 09-5265, involved plaintiffs’ 42 U.S.C. section 1983 action claiming unconstitutional disenfranchisement against a county elections board and individuals, alleging that their voting rights under the Fourteenth Amendment were violated by a Kentucky state trial court judgment that declared void all 542 votes cast by absentee ballot in [...]
Franklin v. Kellogg Co., 09-5880, involved a plaintiff’s suit against Kellogg Company on behalf of herself and all similarly situated employees to recover wages under the Fair Labor Standards Act (FLSA) for time spent donning and doffing Kellogg’s mandatory food safety uniforms and protective equipment, and for time spent walking to and from the changing area [...]
US v.Wettstain, 08-5707, concerned a challenge to defendants’ convictions for their involvement in a large-scale methamphetamine drug distribution ring and sentences of life imprisonment. The court affirmed for the most part, but vacated and remanded for resentencing a defendant’s life sentence on Counts II and IV and co-defendant’s life sentences on Counts III and IV.
In affirming the [...]
Qu v. Holder, 09-3118, concerned a challenge to a BIA’s reversal of IJ’s grant of a Chinese citizen’s application for asylum and order that the petitioner be removed from the U.S. to China. In vacating the decision, the court remanded the matter as, although petitioner seems to have made the requisite showing that she was a [...]
US v. Prince, 08-6547, concerned a challenge to a conviction of defendant for conspiracy to commit money laundering and multiple counts of money laundering, in connection with fraudulent claims for payment for physical therapy services provided to Medicare beneficiaries.
In affirming the conviction, the court held that the evidence at trial was sufficient to establish that [...]
Cvijetinovic v. Eberlin, 08-3629, concerned a challenge to the district court’s conditional grant of defendant’s request for habeas relief from his enhanced sentence, on the ground that defendant was sentenced under provisions of Ohio’s sentencing scheme that permitted sentencing enhancements based on judicial fact-finding in violation of Blakely.
In reversing, the court held that defendant procedurally [...]
US v. Lanham, 08-6504, concerned a challenge to convictions and sentences of defendants-correctional officers’ for conspiracy to violate an inmate’s civil rights in violation of 18 U.S.C. sections 241 and 242 and making false entry in violation of 18 U.S.C. section 1519, arising from an inmate being beaten and raped by other inmates as a [...]
US v. Payton, 09-3930, concerned a challenge to the district court’s denial of defendant’s motion for sentence reduction, in a prosecution of defendant for possessing approximately 5.44 grams of cocaine base with the intent to distribute. In affirmin, the court held that, a defendant convicted of crack-related charges, but sentenced as a career offender under [...]
US v. Payton, 09-3930, concerned a challenge to the district court’s denial of defendant’s motion for sentence reduction, in a prosecution of defendant for possessing approximately 5.44 grams of cocaine base with the intent to distribute. In affirmin, the court held that, a defendant convicted of crack-related charges, but sentenced as a career offender under [...]