11 results for 'judge:"Bush"'.
J. Bush finds the trial court properly denied defendant's motion for safety-valve sentencing relief after he pleaded guilty to drug trafficking charges. Although he cooperated with federal investigators about his drug shipping operation, he failed to provide the names or aliases of any customers and lied about his involvement and monetary gain from the scheme. Meanwhile, although the court's failure to calculate defendant's sentencing guidelines was erroneous, the error was harmless because the court imposed a minimum fine and sentence, which did not prejudice defendant. Affirmed.
Court: 6th Circuit, Judge: Bush, Filed On: May 13, 2024, Case #: 23-3048, Categories: Drug Offender, Sentencing
J. Bush finds the lower court properly dismissed the black professor's discrimination and retaliation claims against the university. The actions taken by university officials - denial of grant opportunities and reassignments - were not based on the professor's race and were not pervasive enough to support a hostile work environment claim. Affirmed.
Court: 6th Circuit, Judge: Bush, Filed On: January 30, 2024, Case #: 23-5557, Categories: Education, Employment Discrimination, Employment Retaliation
J. Bush finds the trial court did not violate defendant's confrontation rights when it admitted into evidence a letter written by the victim about defendant's stalking. Although the letter was testimonial, sufficient evidence in the record showed defendant killed the victim to prevent him from testifying, which allowed for application of the forfeiture-by-wrongdoing exception. Affirmed.
Court: 6th Circuit, Judge: Bush, Filed On: October 17, 2023, Case #: 22-3587, Categories: Confrontation, Evidence, Murder
J. Bush finds the lower court properly dismissed First Amendment claims made by suspended Twitter users, as they failed to establish traceability between several statements by the federal government and the social media platform's decision to suspended their accounts for spreading Covid-19 misinformation. Twitter established its Covid-19 policy well before any statements by the press secretary or surgeon general, and because any claims of "behind-the-scenes" coercion by the federal government are conclusory at best, the complaint fails to state a claim upon which relief can be granted. Affirmed.
Court: 6th Circuit, Judge: Bush, Filed On: September 14, 2023, Case #: 22-3573, Categories: Government, Covid-19, First Amendment
J. Bush finds the lower court's decision to grant the Department of Health and Human Services' motion for summary judgment on the child's Medicare claim was supported by sufficient and credible evidence, including testimony that she did not use a prosthetic device to consume Vitaflo Homocystinuria coolers for treatment of her homocystinuria, a prerequisite under Medicare. Although the patient's liver cannot process certain types of amino acids because of her condition, she does not require a feeding tube or pump that would qualify her for coverage. Affirmed.
Court: 6th Circuit, Judge: Bush, Filed On: September 11, 2023, Case #: 22-1997, Categories: Evidence, Health Care, Medicare
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J. Bush finds the court in which a consent judgment is entered maintains exclusive jurisdiction over the dispute and, therefore, the property developer could not make a collateral attack on the judgment in federal court through the filing of a new lawsuit. Although the claims in the federal suit were different from those brought in the original rezoning action in state court, they would require the federal court to interpret or enforce the developer's consent judgment with the township and, therefore, the suit was barred by res judicata. Affirmed.
Court: 6th Circuit, Judge: Bush, Filed On: September 7, 2023, Case #: 22-1950, Categories: Government, Zoning, Jurisdiction
J. Bush finds the trial court properly applied a managerial role sentencing enhancement after defendant was convicted of drug trafficking. Although he was not the ringleader of the trafficking operation, he received a larger share of profits than others in the outfit and coordinated meetings to exchange wholesale shipments of heroin for cash. Meanwhile, a firearm enhancement was also proper based on evidence obtained from jail calls defendant made to his girlfriend, during which he told her a gun was hidden under the porch of his home, a statement sufficient to prove constructive possession of the weapon. Affirmed.
Court: 6th Circuit, Judge: Bush, Filed On: August 31, 2023, Case #: 22-5600, Categories: Drug Offender, Firearms, Sentencing
J. Bush finds the lower court properly denied the county's motion to dismiss a due process claim filed by individuals whose vehicles were seized pending criminal charges that might ultimately never be filed. The failure to provide a post-seizure hearing within a reasonable time frame deprived the individuals of their property and likely violated due process. Several individuals had to wait four to six months without their cars before they could attend a hearing, and because the majority of the seizures were warrantless and based only on the vehicles' proximity to high-crime areas, the county must provide more expedient hearings no more than two weeks after the car is seized. Affirmed.
Court: 6th Circuit, Judge: Bush, Filed On: August 31, 2023, Case #: 22-1262, Categories: Government, Vehicle, Due Process
J. Bush finds that the district court properly dismissed the employees' claims against Michigan State University over its requirement that employees get the Covid-19 vaccine. The employees' argument that vaccinating naturally immune individuals carries little to no benefit does not outweigh public safety rationale behind MSU's policy. Affirmed.
Court: 6th Circuit, Judge: Bush, Filed On: July 13, 2023, Case #: 22-1200, Categories: Employment, Covid-19
J. Bush finds the lower court erroneously determined the employees of a private facility were not state actors and dismissed the estate's deliberate indifference lawsuit in connection with a 15-year-old who died by suicide at the facility. The facility was similar to a prison and exercised authority over juveniles via court-ordered confinement. Reversed.
Court: 6th Circuit, Judge: Bush, Filed On: June 28, 2023, Case #: 22-1487, Categories: Civil Rights, Wrongful Death
J. Bush finds the trial court properly admitted evidence of defendant's 11 previous felony convictions at his trial on illegal possession of a firearm. The probative value of the evidence, which was used to prove defendant knew he was a felon precluded from possessing a gun, outweighed any chance of prejudice. Meanwhile, the trial court properly sentenced defendant as an armed career criminal because his North Carolina conviction for assault with a deadly weapon with intent to kill requires purposeful or knowing conduct and, therefore, qualifies as a violent felony under the Armed Career Criminal Act. Affirmed.
Court: 6th Circuit, Judge: Bush, Filed On: June 9, 2023, Case #: 21-5811, Categories: Evidence, Firearms, Sentencing