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ROYAL INSURANCE COMPANY OF AMERICA; FORD MOTOR COMPANY, Plaintiffs-Appellants, v. ORIENT OVERSEAS CONTAINER LINE LTD., Defendant-Appellee, v. M/V “CANMAR PRIDE,” CP SHIPS (UK) LTD., CPS NO. 3 LTD., and CPS NO. 5 LTD., Third-Party Defendants-Appellees. |
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Appeal from the United States District Court
for the Eastern District of Michigan at Detroit.
No. 03-72574—Denise Page Hood, District Judge.
Argued: January 23, 2007
Decided and Filed: January 30, 2008
Before: BOGGS, Chief Judge; MERRITT and MOORE, Circuit Judges.
KAREN NELSON MOORE, Circuit Judge. Plaintiffs-Appellants Ford Motor Co. (“Ford”) and its cargo insurer, Royal Insurance Co. of America (“Royal”) (collectively, “Appellants”), brought this action against Defendant-Appellee Orient Overseas Container Line Ltd. (“OOCL,” or “Appellee”), an ocean carrier, for damages arising from the loss of cargo during a transatlantic voyage. OOCL impleaded Third-Party Defendants-Appellees M/V Canmar Pride, the carrying vessel; CP Ships (UK) Ltd.; CPS No. 3 Ltd.; and CPS No. 5 Ltd. (collectively, “Third-Party Appellees”). On September 29, 2005, the district court granted partial summary judgment for OOCL and Third-Party Appellees, ruling that Appellants’ claims were subject to the $500-perpackage liability limitation prescribed by the Carriage of Goods by Sea Act (“COGSA”), 46 U.S.C. § 30701 et seq. Both the district court and this court authorized an interlocutory appeal of that ruling, and Appellants now argue that the district court’s ruling should be reversed. For the reasons set forth below, we REVERSE the judgment of the district court and REMAND this case for further proceedings consistent with this opinion.
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JOHN DEMJANJUK, Petitioner, v. MICHAEL B. MUKASEY, Respondent. |
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On Review from the Board
of Immigration Appeals.
No. A08 237 417.
Argued: November 29, 2007
Decided and Filed: January 30, 2008
Before: ROGERS and SUTTON, Circuit Judges; BERTELSMAN, District Judge.
ROGERS, Circuit Judge. Petitioner John Demjanjuk seeks review of the decision of the Board of Immigration Appeals holding that the Chief Immigration Judge was authorized to preside over Demjanjuk’s removal proceeding. Pursuant to 8 U.S.C. § 1229a, a removal proceeding must be conducted by an immigration judge. Demjanjuk contends that the Chief Immigration Judge cannot be considered an immigration judge, and thus lacked authority to order Demjanjuk’s removal from the United States. The Chief Immigration Judge, however, clearly meets the statutory definition of “immigration judge.” Accordingly, we deny the petition for review.
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UNITED STATES OF AMERICA, Plaintiff-Appellee, v. MELVIN E. DAVIS, Defendant-Appellant. |
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Appeal from the United States District Court
for the Eastern District of Tennessee at Knoxville.
No. 05-00112—Thomas A. Varlan, District Judge.
Argued: September 18, 2007
Decided and Filed: January 30, 2008
Before: MOORE and GRIFFIN, Circuit Judges; TARNOW, District Judge.
KAREN NELSON MOORE, Circuit Judge. A jury found Defendant-Appellant Melvin Eugene Davis (“Davis”) guilty of possession with intent to distribute cocaine base, in violation of 21 U.S.C. § 841(a)(1), and possession with intent to distribute cocaine base within 1,000 feet of a public school, in violation of 21 U.S.C. §§ 860(a), 841(a)(1), and 841(b)(1)(C). The district court sentenced Davis to imprisonment for 240 months and 262 months, respectively; the district court determined that the terms would run concurrently. On appeal, Davis argues that the district court erred by denying his motion to suppress drugs found during his arrests on March 9, 2005 and August 24, 2005. Also, he appeals the district court’s denial of his motion to exclude two expert witnesses at his trial, and the denial of his motion for a mistrial based on prosecutorial misconduct. Finally, for the first time on appeal, Davis objects to three statements made by the government during trial, which he alleges constitute prosecutorial misconduct. For the following reasons, we AFFIRM the district court’s judgment.