Free US Court of Appeals for the Sixth Circuit case summaries from Justia.
If you are unable to see this message, click here to view it in a web browser. | | US Court of Appeals for the Sixth Circuit July 3, 2020 |
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Click here to remove Verdict from subsequent Justia newsletter(s). | New on Verdict Legal Analysis and Commentary | Reflections on the Movement in California to Repeal the State’s Ban on Affirmative Action | VIKRAM DAVID AMAR | | Illinois law dean and professor Vikram David Amar offers three observations on a measure recently approved by the California legislature that would, if approved by the voters, repeal Proposition 209, the voter initiative that has prohibited affirmative action by the state and its subdivisions since its passage in 1996. Amar praises the California legislature for seeking to repeal Prop 209 and for seeking to do so using the proper procedures, and he suggests that if Prop 209 is repealed, legal rationales for the use of race should be based not only on the value of diversity (as they have been for some time now), but also on the need to remedy past wrongs against Black Americans. | Read More |
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US Court of Appeals for the Sixth Circuit Opinions | SawariMedia, LLC v. Whitmer | Docket: 20-1594 Opinion Date: July 2, 2020 Judge: Horn Areas of Law: Civil Rights, Constitutional Law | Proponents of a criminal-justice reform initiative that they seek to place on the ballot for the 2020 Michigan general election sued state officials, who continued to strictly enforce the signature requirement for initiatives even after Governor Whitmer issued an order requiring most Michigan residents to remain in their homes as part of the fight against the COVID-19 pandemic. Finding that the combination of the stay-at-home order and the signature requirement violates the First Amendment by creating a severe restriction on their access to the ballot, the district court enjoined the strict enforcement of the signature requirement. The court rejected a proposed compromise that included a several-weeks extension of the filing deadline. The Sixth Circuit declined to issue an emergency stay pending appeal. With respect to the burden imposed on the Plaintiffs’ access to the ballot, the restrictions at issue are identical to those previously found to be severe. The Defendants failed to show a likelihood that the district court abused its discretion by rejecting the proposed remedy of extending the petition deadline by, at most, 35 days. The court took “no position on the merits.” | | United States v. Igboba | Docket: 19-1116 Opinion Date: July 2, 2020 Judge: Eric L. Clay Areas of Law: Criminal Law, Tax Law, White Collar Crime | Igboba was convicted on 18 counts under 18 U.S.C. 286, 18 U.S.C. 1343, 18 U.S.C. 287, and 18 U.S.C. 1028A(a)(1), (b), and (c)(5), based on his participation in a conspiracy to defraud the government by preparing and filing false federal income tax returns using others’ identities. He was sentenced to 162 months’ imprisonment, followed by three years of supervised release, and required to pay restitution, special assessment, and forfeiture sums. The Sixth Circuit affirmed, rejecting arguments that when the district court increased his base offense level based on the total amount of loss his offense caused, U.S.S.G. 2B1.1(b)(1), it failed to distinguish between the loss caused by his individual conduct and that caused by the entire conspiracy and that the district court erred in applying a two-level sophisticated-means enhancement, section 2B1.1(b)(10). the district court could rightly attribute $4.1 million in losses to “acts and omissions committed, aided, abetted, counseled, commanded, induced, procured, or willfully caused by” Igboba. The court noted his “sophisticated” use of technology and multiple aliases. | |
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