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UNITED STATES OF AMERICA, Plaintiff-Appellee, v. BOBBY JOE CURRY, Defendant-Appellant. |
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Filed: August 5, 2008
Before: ROGERS and McKEAGUE, Circuit Judges; ADAMS, District Judge.
Bobby Curry, through counsel, appeals his 240-month sentence for various drug offenses. His appeal has been referred to a panel of this court pursuant to Rule 34(j)(1), Rules of the Sixth Circuit. Upon review, the panel concludes that oral argument is not needed. Fed. R. App. P. 34(a).
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AMY LYNN FORD, Plaintiff-Appellee, v. COUNTY OF GRAND TRAVERSE, Defendant-Appellant. |
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Appeal from the United States District Court
for the Western District of Michigan at Grand Rapids.
No. 04-00682—Marianne O. Battani, District Judge.
Argued: April 25, 2008
Decided and Filed: August 5, 2008
Before: DAUGHTREY, GILMAN, and ROGERS, Circuit Judges.
RONALD LEE GILMAN, Circuit Judge. On a Sunday morning in January of 2003, Amy Lynn Ford, a self-described recovering alcoholic who also suffers from epilepsy, was arrested on a probation violation and taken to the Grand Traverse County Jail in Traverse City, Michigan. That afternoon, Ford had a seizure, fell from the top bunk of a bed in her cell, and sustained significant injuries to her right hip and right clavicle. Ford subsequently brought suit against a number of jail officials and the County of Grand Traverse (collectively referred to as the defendants). She claimed that the officials had exhibited deliberate indifference to her serious medical needs in violation of her constitutional rights under the Eighth and Fourteenth Amendments to the U.S. Constitution. Ford also contended that the County’s policy or custom regarding the provision of medical care at the jail on weekends reflected deliberate indifference to her serious medical needs and had caused her injuries.
Her case proceeded to trial. The jury found that none of the jail officials were deliberately indifferent to Ford’s serious medical needs, but determined that the County’s policy regarding weekend medical care exhibited deliberate indifference to and was the proximate cause of Ford’s injuries. It awarded her $214,000 in damages. After the verdict was returned, the County brought two motions for judgment as a matter of law. The district court denied both motions. For the reasons set forth below, we AFFIRM the judgment of the district court.
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UNITED STATES OF AMERICA, Plaintiff-Appellee, v. STEPHAN FEKETE, Defendant-Appellant. |
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Appeal from the United States District Court
for the Eastern District of Tennessee of Chattanooga.
No. 06-00009—R. Allan Edgar, District Judge.
Submitted: June 6, 2008
Decided and Filed: August 5, 2008
Before: GILMAN and COOK, Circuit Judges; COHN, District Judge.
RONALD LEE GILMAN, Circuit Judge. A jury found Stephan Fekete guilty on two counts of carjacking, on two counts of brandishing a firearm in relation to a carjacking, and on one count of conspiracy to commit multiple carjacking offenses. He is contesting on appeal (1) the sufficiency of the evidence as to the mens rea element of intent to cause death or serious bodily harm regarding one of the carjacking offenses, (2) the related offense of brandishing a firearm during that same carjacking, and (3) the district court’s decision to count the two carjackings as separate convictions for sentencing purposes.
Although there was no evidence of physical touching, no explicit threat of harm, and no direct evidence that Fekete’s gun was loaded, we nonetheless conclude that a rational trier of fact could find beyond a reasonable doubt that Fekete had the conditional intent to cause death or serious
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MICHAEL BIES, Petitioner-Appellee, v. MARGARET BAGLEY, Warden, Respondent-Appellant. |
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Filed: August 5, 2008
Before: DAUGHTREY, MOORE, and CLAY, Circuit Judges.
The court having received a petition for rehearing en banc, and the petition having been circulated not only to the original panel members but also to all other active* judges of this court, and less than a majority of the judges having favored the suggestion, the petition for rehearing has been referred to the original panel.
The panel has further reviewed the petition for rehearing and concludes that the issues raised in the petition were fully considered upon the original submission and decision of the case. Accordingly, the petition is denied.