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KATHLEEN MARTIN, Plaintiff-Appellant, v. TOLEDO CARDIOLOGY CONSULTANTS, INC., Defendant-Appellee. |
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Appeal from the United States District Court
for the Northern District of Ohio at Toledo.
No. 05-07374—David A. Katz, District Judge.
Argued: June 10, 2008
Decided and Filed: November 21, 2008
Before: MARTIN and BATCHELDER, Circuit Judges; JORDAN, District Judge.
LEON JORDAN, District Judge. Plaintiff, Kathleen Martin, a former employee with defendant, Toledo Cardiology Consultants, Inc. (“Toledo Cardiology”), brought suit under the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 623(a), and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-3(a). The district court granted summary judgment in favor of defendant on all claims, and dismissed the case in its entirety. For the reasons that follow, we REVERSE the district court’s decision and REMAND.
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UNITED STATES OF AMERICA, Plaintiff-Appellee, v. KERRY VAUGHN BLACKIE, Defendant-Appellant. |
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Appeal from the United States District Court
for the Western District of Michigan at Grand Rapids.
No. 07-00049-001—Robert Holmes Bell, District Judge.
Submitted: July 25, 2008
Decided and Filed: November 21, 2008
Before: MOORE and SUTTON, Circuit Judges; ALDRICH, District Judge.
ANN ALDRICH, District Judge. Kerry Blackie pled guilty to a single count of possession of visual depictions of minors engaging in sexually explicit conduct in violation of 18 U.S.C. § 2252(a)(4)(B) and (b)(2). The district court imposed a sentence of 42 months, which is outside the advisory Sentencing Guidelines range. Blackie appeals his sentence, alleging that the district court: (1) improperly considered the factors set forth in 18 U.S.C. § 3553(a); (2) imposed a sentence outside the Guidelines range without stating its reasons for doing so as required by 18 U.S.C. § 3553(c)(2); and (3) failed to provide notice of its intent to depart from the Guidelines range as required by Federal Rule of Criminal Procedure 32(h).
For the reasons set forth below, we VACATE Blackie’s sentence and REMAND the case for resentencing consistent with this opinion.
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FEDNAV, LIMITED; CANADIAN FOREST NAVIGATION COMPANY, LIMITED; NICHOLSON TERMINAL AND DOCK COMPANY; SHIPPING FEDERATION OF CANADA; AMERICAN GREAT LAKES PORTS ASSOCIATION; SEAWAY GREAT LAKES TRADE ASSOCIATION; UNITED STATES GREAT LAKES SHIPPING ASSOCIATION; BAFFIN INVESTMENTS, LIMITED; CANFORNAV, INCORPORATED, Plaintiffs-Appellants, v. STEVEN E. CHESTER, Director of the Michigan Department of Environmental Quality; MICHAEL COX, Attorney General for the State of Michigan, Defendants-Appellees, MICHIGAN UNITED CONSERVATION CLUBS; NATIONAL WILDLIFE FEDERATION; NATURAL RESOURCES DEFENSE COUNSEL, INCORPORATED;ALLIANCE FOR THE GREAT LAKES, Intervenors-Appellees. |
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Appeal from the United States District Court
for the Eastern District of Michigan at Detroit.
No. 07-11116—John Feikens, District Judge.
Argued: September 15, 2008
Decided and Filed: November 21, 2008
Before: GILMAN, KETHLEDGE, and ALARCÓN, Circuit Judges.
KETHLEDGE, Circuit Judge. Plaintiffs—a coalition of shipping companies, non-profit shipping associations, a port terminal and dock operator, and a port association—appeal the district court’s dismissal of their constitutional challenges to the so-called Michigan Ballast Water Statute, Mich. Comp. Laws § 324.3112(6), and the regulations promulgated pursuant thereto. We hold that Plaintiffs lack standing to challenge one portion of the statute, and reject their arguments as to its remainder. We therefore affirm.