Friday, May 03, 2013

Rest of Friday

Running short on time - so:

Sixth Circuit :

USA v. Robert Johnson, Jr. 
 Karl Kraus, Jr. v. Clark Taylor 
McCoy Elkhorn Coal Corporation v. Vernie Dotson 


Fidel Munoz-Avila v.   Eric Holder, Jr.
Keith Dookeran v.   Cook County   Dissent

Eighth (From site)

121617P.pdf  05/03/2013  United States  v.  Adekunle Olufemi Adetiloye
   U.S. Court of Appeals Case No:   12-1617
                          and No:   12-1919
   U.S. District Court for the District of North Dakota - Fargo   
   [PUBLISHED] [Bye, Author, with Wollman and Benton, Circuit Judges]
   Criminal case - Sentencing. District court thoroughly considered the
   3553(a) factors at the sentencing hearing, issued a 17-page sentencing
   memorandum and provided a sufficient explanation for its sentencing
   decision; district court did not err in denying defendant a reduction for
   acceptance of responsibility where defendant contested factual statements
   and nearly all applicable enhancements in the PSR; no error in imposing
   an enhancement under Guidelines Sec. 3B1.1(a) for leadership role in the
   offense; no error in imposing an upward enhancement on the ground the
   offense level substantially understated the seriousness of the offense;
   where the government failed to provide documentation with the required
   specificity and reliability to establish the amount of restitution, the court
   should have postponed the restitution proceedings for the gathering and
   presentation of additional evidence; similarly, the district court erred in
   ordering forfeiture in the limited amount set out in its restitution order;
   the restitution and forfeiture orders are vacated and remanded for further
   proceeding regarding the losses the victims sustained and the proceeds
   defendant gained from the scheme.

136011P.pdf  05/03/2013  David Lynd  v.  Charles Ries
   U.S. Court of Appeals Case No:   13-6011
   U.S. Bankruptcy Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Federman, Author, with Nail and Saladino,
   Bankruptcy Judges]
   Bankruptcy Appellate Panel. To the extent Lynd requested the
   bankruptcy court to deviate from the Code and order that his
   restitution claim be paid from some source not authorized by
   the Code, the bankruptcy court was without authority to grant
   such relief, and the court did not err in denying his request.
2013-05-0312-7089CAVCARNOLD PARKS v. SHINSEKI [OPINION]Precedential
2013-05-0312-7003CAVCARNOLD KYHN v. SHINSEKI [OPINION]Precedential
2013-05-0312-1186CITFORD MOTOR COMPANY v. US [OPINION]Precedential
Summaries TK
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.