5 results for 'judge:"McKeague"'.
J. McKeague finds the lower court properly awarded Kroger more than $612,000 to cover legal fees related to a wrongful death lawsuit filed by the estate of individuals killed in a collision with one of its shipping contractors. The shipping company's indemnification agreement with Kroger required payments for incidents involving negligence on the part of the shipping company. An exception in the agreement removes liability from the shipping company only in accidents where Kroger is "solely liable," and because the shipping company's driver is at least partially at fault for the accident, the company was required to cover Kroger's legal expenses. Affirmed.
Court: 6th Circuit, Judge: McKeague, Filed On: May 13, 2024, Case #: 23-3462, Categories: Transportation, Indemnification, Contract
J. McKeague finds the trial court properly applied a career offender enhancement to defendant's sentence because his previous Ohio robbery conviction qualifies as a crime of violence. Under this court's previous ruling, Ohio robbery is not considered "generic" robbery under federal sentencing guidelines, but meets the criteria for generic extortion, which always involves the use of force; therefore, the enhancement was properly applied. Affirmed.
Court: 6th Circuit, Judge: McKeague, Filed On: April 26, 2024, Case #: 23-3466, Categories: Criminal Procedure, Robbery, Sentencing
J. McKeague finds the lower court erroneously denied the family services employees' motion for qualified immunity on Fourth and Fourteenth Amendment claims filed by the father. Although he may have revoked his consent to allow the agency to keep his children during an investigation into sexual assault claims, the employees could not have reasonably known they were violating his rights when they continued to keep the children. The father explicitly gave consent for the agency to keep his children during the investigation, and although he asked about getting them back during a phone call, this did not represent a clear revocation under this circuit's caselaw that would implicate his constitutional rights. Reversed.
Court: 6th Circuit, Judge: McKeague, Filed On: February 8, 2024, Case #: 23-1372, Categories: Civil Rights, Immunity, Due Process
J. McKeague finds that while there were many individuals involved with the money laundering scheme for which defendant was indicted, there was no "fatal variance" in the government's case that lessened its burden of proof or allowed the jury to convict based on improper guilt transference because he was the only defendant at trial, while there was also sufficient proof of a single, large conspiracy, rather than several smaller ones that did not involve defendant. Meanwhile, even though "Defendant One," the unknown individual in charge of the money laundering scheme, never interacted with defendant in Kentucky, venue was proper in the Eastern District Court of Kentucky as a result of defendant's contact with the lead investigative agent in Lexington, as well as his money transfers at various Kentucky car dealerships where he worked. Affirmed.
Court: 6th Circuit, Judge: McKeague, Filed On: August 7, 2023, Case #: 22-6015, Categories: Conspiracy, Jurisdiction, Money Laundering
J. McKeague finds that while the inmate was not represented by counsel when he was convicted and sentenced to time served for a marijuana possession charge, the trial court properly used the conviction to enhance his sentence on an assault with intent to murder conviction. There is no clearly defined principle against such an application of a previous conviction. While an uncounseled conviction that results in jail typically cannot be used for sentence enhancements, it is reasonable to conclude the inmate's possession conviction did not result in a prison sentence because he was already in prison. Therefore, the use of the conviction to enhance his current sentence did not violate his constitutional rights. Affirmed.
Court: 6th Circuit, Judge: McKeague, Filed On: May 24, 2023, Case #: 21-2799, Categories: Habeas, Sentencing