Jul. 2-6, 2007 6th Circuit Published Decisions (No Ky Cases)

Opinion	Pub Date	Short Title/District
07a0250p.06	2007/07/02	USA v. Rayborn     Western District of Tennessee at Memphis CRIMINAL: BOYCE F. MARTIN, JR., Circuit Judge. Defendant Gerald Rayborn was charged with one count of conspiracy to commit mail fraud, wire fraud, and money laundering in violation of 18 U.S.C. § 371, two counts of aiding and abetting mail fraud in violation of 18 U.S.C. §§ 1341 and 2, and money laundering in violation of 18 U.S.C. § 1957. Following a jury trial, he was convicted on all counts, and now brings this appeal. For the reasons below, we AFFIRM Rayborn’s conviction.
07a0251p.06	2007/07/03	In re Bucci v.     Northern District of Ohio at Cleveland BANKRUPTCY: GRAHAM, District Judge. This action presents the question of whether the United States Bankruptcy Code excludes from discharge a debt that an employer owes for failing to contribute to employee benefit funds. Debtor Charles S. Bucci signed a collective bargaining agreement in 2003 requiring his company, Floors by Bucci, Inc., to make monthly contributions to pension and fringe benefit funds. Bucci admits that he failed to contribute to the funds for over a year. In 2005, he filed a Chapter 7 bankruptcy petition. Appellants, who represent the various funds (the “Funds”), filed an adversary proceeding in the bankruptcy court, seeking a declaration that Bucci’s debt could not be discharged. They argued that his failure to contribute to the funds was a “defalcation while acting in a fiduciary capacity” under 11 U.S.C. § 523(a)(4). The bankruptcy court held that § 523(a)(4) did not apply because there was no evidence demonstrating Bucci acted as a fiduciary of the monies owed to the funds. On appeal, the district court affirmed and rejected the Funds’ contention that Bucci’s status as a fiduciary under the Employee Retirement Income Security Act of 1974 (ERISA) also made him a fiduciary for purposes of § 523(a)(4)’s defalcation provision. Because the requirements for a defalcation under § 523(a)(4) are not met in this case, we AFFIRM.
07a0252p.06	2007/07/06	Logsdon v. Hains     Southern District of Ohio at Cincinnati CIVIL RIGHTS SEC. 1983 ACTION CLAY, Circuit Judge. Plaintiff, Joseph Michael Logsdon, appeals the district court’s order granting a Rule 12(b)(6) motion brought by Defendants, Charles Hains and Daniel McShane, and dismissing Plaintiff’s § 1983 suit and related claims. Plaintiff alleged violations of his rights under the First, Fourth, and Fourteenth Amendments to the U.S. Constitution, and asserted various state law claims for violations of the Ohio Constitution and state common law. For the reasons that follow, we REVERSE the district court’s order and REMAND for further proceedings consistent with this opinion.
07a0253p.06	2007/07/06	Amer Civil Liberties v. Natl Security Agcy     Eastern District of Michigan at Detroit STANDING: ALICE M. BATCHELDER, Circuit Judge. The United States National Security Agency (“NSA”) appeals from the decision of the District Court for the Eastern District of Michigan that granted summary judgment against the NSA and imposed a permanent injunction. The plaintiffs are a collection of associations and individuals led by the American Civil Liberties Union, and they cross-appeal. Because we cannot find that any of the plaintiffs have standing for any of their claims, we must vacate the district court’s order and remand for dismissal of the entire action.