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UNITED STATES OF AMERICA, Plaintiff-Appellee, v. CARL PEARCE (07-3146), and CURTIS JOHNSON (07-3193), Defendants-Appellants. |
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Appeal from the United States District Court
for the Northern District of Ohio at Cleveland.
No. 05-00120—Donald C. Nugent, District Judge.
Submitted: June 5, 2008
Decided and Filed: July 3, 2008
Before: DAUGHTREY, CLAY, and McKEAGUE, Circuit Judges.
CLAY, Circuit Judge. In this consolidated appeal, Defendants, Carl Pearce (“Pearce”) and Curtis Johnson (“Johnson”), challenge, on Fourth Amendment grounds, their convictions for possession of firearms and ammunition while having previously been convicted of a felony, in violation of 18 U.S.C. § 922(g)(1) (2000). In particular, Defendants contest the district court’s denial of their motions to suppress evidence seized following a stop of Johnson for which the police allegedly lacked reasonable suspicion. Pearce also disputes the procedural reasonableness of his 235-month sentence. For the reasons that follow, we AFFIRM the district court’s suppression ruling as well as Defendants’ convictions and sentences.
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UNITED STATES OF AMERICA, Plaintiff-Appellee, v. ROBERT KIMBREL, Defendant-Appellant. |
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Appeal from the United States District Court
for the Western District of Tennessee at Memphis.
No. 03-20336—Jon Phipps McCalla, Chief District Judge.
Argued: June 12, 2008
Decided and Filed: July 3, 2008
Before: KEITH and SUTTON, Circuit Judges; ACKERMAN, District Judge.
SUTTON, Circuit Judge. Robert Kimbrel challenges his convictions and sentence for two firearms-related crimes on several grounds, including a Batson challenge. We vacate and remand for a new trial.
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TODD A. WHITE, Plaintiff-Appellant, v. BAXTER HEALTHCARE CORPORATION, Defendant-Appellee. |
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Appeal from the United States District Court
for the Eastern District of Michigan at Detroit.
No. 05-71201—John Feikens, District Judge.
Argued: March 12, 2008
Decided and Filed: July 3, 2008
Before: KEITH, CLAY, and GILMAN, Circuit Judges.
CLAY, Circuit Judge. Plaintiff, Todd A. White (“White”), an African-American, appeals the district court’s grant of summary judgment in favor of Defendant, Baxter Healthcare Corporation (“Baxter”), on White’s employment discrimination claims brought pursuant to Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e et seq. (2000), Section 101 of the Civil Rights Act of 1991, 42 U.S.C. § 1981 (2000), and Michigan’s Elliot-Larsen Civil Rights Act (the “Elliot- Larsen Act”), Mich. Comp. Laws § 37.2101 et seq. (2002). In particular, White contends that he has presented sufficient evidence for a jury to conclude that he was discriminated against on the basis of his race when Baxter (1) failed to promote him, and (2) downgraded his 2004 performance evaluation. We agree, and, for the reasons that follow, we REVERSE the district court’s grant of Baxter’s motion for summary judgment and REMAND the case for trial.
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WILLIAM JACOB, Plaintiff-Appellee, v. TOWNSHIP OF WEST BLOOMFIELD, MICHAEL KILLIAN, LARRY RUSHING, Defendants-Appellants. |
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Appeal from the United States District Court
for the Eastern District of Michigan at Detroit.
No. 03-70014—John Corbett O’Meara, District Judge.
Argued: June 4, 2008
Decided and Filed: July 3, 2008
Before: MERRITT, CLAY, and GILMAN, Circuit Judges.
CLAY, Circuit Judge. Defendant Michael Killian, a land ordinance enforcement officer employed by the Township of West Bloomfield (“Township”), appeals the decision of the district court denying him summary judgment with respect to Plaintiff William Jacob’s claim brought under 42 U.S.C. § 1983.1 According to Plaintiff, Defendant violated his Fourth Amendment rights when Defendant entered Plaintiff’s property without a warrant to inspect the property for criminal violations of a land use ordinance. Defendant claims that he is entitled to qualified immunity against Plaintiff’s claim, but the district court denied this assertion of immunity. Because it is clearly established that a criminal investigation must be conducted within the requirements of the Fourth Amendment, we AFFIRM the decision of the district court.