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 May 30, 2020 |
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Click here to remove Verdict from subsequent Justia newsletter(s). | New on Verdict Legal Analysis and Commentary | Not Letting Felons Vote Damages Democracy for All Citizens | AUSTIN SARAT | | Austin Sarat—Associate Provost, Associate Dean of the Faculty, and William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College—argues that disenfranchising felons, as most American states do in some way, does substantial harm to everyone in our democracy. Sarat praises a recent decision by a federal district court in Florida striking down a state law requiring people with serious criminal convictions to pay court fines and fees before they can register to vote, but he cautions that but much more needs to be done to ensure that those who commit serious crimes can exercise one of the essential rights of citizenship. | Read More |
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US Court of Appeals for the Sixth Circuit Opinions | United States v. Buie | Docket: 18-6185 Opinion Date: May 29, 2020 Judge: Readler Areas of Law: Criminal Law | While pursuing an outstanding warrant for Buie, Columbia police officers learned that Buie had recently pawned firearms. Viewing surveillance footage from the shops, police saw Buie in possession of a rifle and a shotgun, each of which he exchanged for money. In additional footage, police saw Buie pawn another rifle and another shotgun. Buie pleaded guilty to two counts of felonious possession of a firearm. The PSR found that five of Buie’s past Tennessee convictions qualified as violent felonies under the Armed Career Criminal Act (ACCA): second-degree burglary, arson, voluntary manslaughter, and two counts of aggravated burglary. Buie conceded only that his voluntary manslaughter conviction so qualified. The court excluded his aggravated burglary convictions under Sixth Circuit precedent (Stitt) but rejected Buie’s arguments that his arson and second-degree burglary convictions were not ACCA predicates because Tennessee’s definitions of those crimes were broader than their common-law counterparts—second-degree burglary on the entry element, and arson on the mens rea and act elements. The court found Buie imposed ACCA’s mandatory minimum 180-month sentence. The Supreme Court subsequently reversed the “Stitt” decision, holding that the locational element of aggravated burglary under Tennessee law corresponded with generic burglary, bringing Buie’s aggravated burglary convictions back into play, under ACCA. Buie then argued that the entry element of his burglary convictions was overbroad and that his arson conviction was overbroad. The Sixth Circuit affirmed, concluding that Buie has committed three violent felonies under ACCA. | | United States v. Richardson | Docket: 19-5759 Opinion Date: May 29, 2020 Judge: Per Curiam Areas of Law: Criminal Law | In 2001, Richardson pled guilty to multiple federal crimes involving crack cocaine. Federal law then punished crack-cocaine offenses much more severely than powder-cocaine offenses. The district court sentenced Richardson to five years in prison followed by four years on supervised release. Richardson served his custodial sentence but during his supervised release, Richardson stabbed someone in the chest. The district court revoked his supervised release and sentenced him to another 18 months in prison following his state sentence for first-degree assault. While Richardson was serving his state sentence, Congress enacted the Fair Sentencing Act to reduce the disparity between crack and powder cocaine, 124 Stat. 2372, 2372; later, the First Step Act made the new sentencing rules retroactive,18 U.S.C. 3582(c)(1)(B). The Sixth Circuit affirmed the denial of Richardson’s petition for relief under the Act. While Richardson was eligible for consideration of a reduced sentence, the district court properly considered the motion along with “the factors set forth in 18 U.S.C. 3553(a), took into account “defense counsel’s objections,” and explained how Richardson’s history and characteristics (including his post-incarceration conduct) weighed against granting the motion. | |
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