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UNITED STATES OF AMERICA, Plaintiff-Appellee, v. RAJAH BAYLOR, Defendant-Appellant. |
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Appeal from the United States District Court
for the Northern District of Ohio at Cleveland.
No. 06-00168—James S. Gwin, District Judge.
Submitted: February 7, 2008
Decided and Filed: February 26, 2008
Before: SUHRHEINRICH, SUTTON, and GRIFFIN, Circuit Judges.
GRIFFIN, Circuit Judge. Following a jury trial in the United States District Court for the Northern District of Ohio, Rajah Baylor was convicted on one count of interfering with commerce by robbery, in violation of the Hobbs Act, 18 U.S.C. § 1951(a), and one count of using a firearm in relation to a crime of violence, in violation of 18 U.S.C. § 924(c)(1)(A)(ii). Baylor was subsequently sentenced to a term of 140 months of imprisonment. He now appeals his convictions, arguing that the requirement of a de minimis effect on interstate commerce under the Hobbs Act is unconstitutional in light of the Supreme Court’s decision in United States v. Morrison, 529 U.S. 598 (2000). Baylor argues further that, even assuming that the de minimis standard is appropriate, the government failed to show that his activity had such an effect on interstate commerce. Finding each of Baylor’s arguments to be devoid of merit, we affirm his convictions.
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AMANDA KISTNER, Plaintiff-Appellant, v. THE LAW OFFICES OF MICHAEL P. MARGELEFSKY, LLC and MICHAEL P. MARGELEFSKY, Defendants-Appellees. |
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Appeal from the United States District Court
for the Northern District of Ohio at Toledo.
No. 05-07238—Jack Zouhary, District Judge.
Argued: January 31, 2008
Decided and Filed: February 26, 2008
Before: MERRITT, GILMAN, and COOK, Circuit Judges.
RONALD LEE GILMAN, Circuit Judge. In January of 2005, Amanda Kistner received a collection letter from The Law Offices of Michael P. Margelefsky, LLC related to her Cincinnati Bell account. The letter, printed on The Law Offices of Michael P. Margelefsky letterhead, contains a block signature declaring that the letter was sent by an “Account Representative.” Kistner subsequently filed the present lawsuit as a putative class action against The Law Offices of Michael P. Margelefsky (the Law Offices) and Michael Margelefsky individually, alleging numerous violations of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692, and the Ohio Consumer Sales Practices Act (OCSPA), Ohio Rev. Code Ann. § 1345.01.
The district court granted summary judgment both to the Law Offices and to Margelefsky after concluding that the collection letter did not make any misrepresentations and was not deceptive. For the reasons set forth below, we REVERSE the judgment of the district court and REMAND the case for further proceedings consistent with this opinion. Specifically, we conclude that Margelefsky can be held individually liable as a “debt collector” under the FDCPA and that a genuine issue of material fact exists as to whether the collection letter was deceptive.
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UNITED STATES OF AMERICA, Plaintiff-Appellee, v. ROBERT R. CALDWELL, Defendant-Appellant. |
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Appeal from the United States District Court
for the Eastern District of Kentucky at Covington.
No. 04-00070—David L. Bunning, District Judge.
Argued: February 7, 2008
Decided and Filed: February 26, 2008
Before: SUHRHEINRICH, SUTTON, and GRIFFIN, Circuit Judges.
SUTTON, Circuit Judge. Robert Caldwell challenges the district court’s denial of his motion to suppress evidence uncovered during a search of his hotel room (consented to by a co-occupant of the room) as well as its denial of his motions for a mistrial and acquittal. Because the district court did not err in denying any of these motions, we affirm.
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SCOTT L. EUNGARD, Plaintiff-Appellant, v. OPEN SOLUTIONS, INC., Defendant-Appellee. |
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Appeal from the United States District Court
for the Eastern District of Michigan at Ann Arbor.
No. 05-60272—John Corbett O’Meara, District Judge.
Argued: February 6, 2008
Decided and Filed: February 26, 2008
Before: MARTIN and SUTTON, Circuit Judges; OBERDORFER, District Judge.
SUTTON, Circuit Judge. Scott Eungard, a salesman, seeks commissions on products and services ordered by a client on the same day he was fired. Because ambiguity in Eungard’s compensation agreement precludes summary judgment for Open Solutions, we reverse and remand.
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UNITED STATES OF AMERICA, Plaintiff-Appellee, v. DONALD WAYNE ALEXANDER, Defendant-Appellant. |
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Appeal from the United States District Court
for the Western District of Michigan at Marquette.
No. 05-00048—R. Allan Edgar, District Judge.
Argued: February 7, 2008
Decided and Filed: February 26, 2008
Before: KENNEDY, MARTIN, and COLE, Circuit Judges.
BOYCE F. MARTIN, JR., Circuit Judge. Defendant-Appellant Donald Wayne Alexander pleaded guilty to an indictment charging him with sexual abuse of a minor in violation of 18 U.S.C. § 2243(a). The district court departed upward and sentenced Alexander to forty-two months’ imprisonment. Because the district court failed to provide notice of the variance as required by Federal Rule of Criminal Procedure 32(h) we VACATE Alexander’s sentence and REMAND to the district court for re-sentencing.