| Opinion | Pub Date | Short Title/District |
|---|---|---|
| 07a0105p.06 | 2007/03/20 | USA v. Hardin Western District of Kentucky at Louisville BOYCE F. MARTIN, JR., Circuit Judge. Petitioner Corey Hardin was indicted in district court for several drug trafficking offenses. He pled guilty to each of the nine counts brought against him, and was sentenced to 168 months imprisonment in September of 1999. His attorney neglected to bring a direct appeal, although Hardin now claims that it was his desire to do so. |
| 07a0106p.06 | 2007/03/21 | Cook v. Comm Social Security Eastern District of Kentucky at Covington RONALD LEE GILMAN, Circuit Judge. Elbridge Cook, Jr. appeals from the district court’s dismissal of his complaint for Social Security benefits as untimely filed. The sole issue before us is whether Cook’s complaint was filed on the last day of his 60-day window to appeal or one day beyond the close of that period. For the reasons set forth below, we AFFIRM the judgment of the district court. |
| 07a0107p.06 | 2007/03/21 | Baptist Physician v. Humana Military Eastern District of Tennessee at Knoxville Contract dispute re: Tricare provider fees |
| 07a0108p.06 | 2007/03/22 | Oakwood v. State Bank and Trust Northern District of Ohio at Toledo COOK, Circuit Judge. This case requires us to decide whether intervention by the Federal Deposit Insurance Corporation (FDIC) in a suit between nondiverse parties raising state law claims can create federal jurisdiction, even though it had not been a party in state court prior to removal. Holding that it cannot, we reverse. |
| 07a0109p.06 | 2007/03/22 | Welshans v. Aetna Life Ins Co Western District of Tennessee at Memphis Indemnity provisions of health care plan for treatment to child claimed to be no longer dependent |
| 07a0110p.06 | 2007/03/22 | Foley v. Parker Eastern District of Kentucky at London COOK, Circuit Judge. Petitioner Robert Carl Foley was convicted of murder in Kentucky and sentenced to death. After a lengthy appellate process in the Kentucky courts, Foley filed a habeas petition raising thirty-six separate grounds for relief. The district court reviewed and denied each one, but granted a Certificate of Appealability (COA) as to four of Foley’s claims. Upon Foley’s request, we expanded the COA to include a fifth claim. For the reasons set forth below, we affirm the district court’s judgment. |
| 07a0111p.06 | 2007/03/23 | Alpert v. USA Northern District of Ohio at Cleveland JULIA SMITH GIBBONS, Circuit Judge. Appellants Martin and Carolyn Alpert appeal the district court’s grant of summary judgment to appellee United States because the Alperts failed to present evidence of an essential element of their claim for refund of overpaid taxes. The Alperts argue that they have presented sufficient evidence to create a disputed issue of material fact as to when the debts of their wholly-owned subchapter S corporation were discharged in bankruptcy. For the reasons stated below, we affirm the decision of the district court. |
| 07a0112p.06 | 2007/03/23 | USA v. Trejo-Martinez Western District of Kentucky at Louisville JULIA SMITH GIBBONS, Circuit Judge. Defendant-appellant Ramiro Trejo-Martinez (“Trejo”) appeals the sentence imposed by the district court for his illegal reentry into the United States following deportation in violation of 8 U.S.C. § 1326(a), (b)(2). The government argues that we are without jurisdiction to hear Trejo’s appeal because the district court imposed a sentence within the now advisory guidelines and Trejo does not challenge the district court’s underlying guidelines calculations. As the government notes, we have not, as yet, identified explicitly the jurisdictional basis for our review of sentences imposed within a correctly calculated guidelines range. We hold today that in light of United States v. Booker, 543 U.S. 220 (2005), 18 U.S.C. § 3742(a) provides the necessary jurisdiction for our review of Trejo’s sentence. Accordingly, we reject the government’s argument that we are without jurisdiction to hear the instant appeal. However, because we further conclude that the sentence imposed by the district court was reasonable, we affirm the decision of the district court. |
NOT RECOMMENDED FOR FULL-TEXT PUBLICATION OPINIONS
KENTUCKY CASES ONLY
| Opinion | Pub Date | Short Title/District |
|---|---|---|
| 07a0203n.06 | 2007/03/20 | Abercrombie v. US Dept Agri Eastern District of Kentucky at Covington |
| 07a0207n.06 | 2007/03/21 | Lichtefeld v. Mactec Engr Western District of Kentucky at Louisville |
| 07a0216n.06 | 2007/03/23 | Cunningham v. Osram Sylvania Eastern District of Kentucky at Lexington |
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