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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
DONALD E. WILSON,
Defendant-Appellant. |
No. 22-3799 |
Appeal from the United States District Court for the Northern District of Ohio at Cleveland.
No. 1:21-cr-00531-1—Benita Y. Pearson, District Judge.
Decided and Filed: July 28, 2023
Before: SUTTON, Chief Judge; DAVIS and MATHIS, Circuit Judges.
_________________________
OPINION
_________________________
MATHIS, Circuit Judge. In the middle of the day, Donald Wilson fired nine shots at an
occupied, moving vehicle, striking the driver multiple times. He claims he did so in self-defense.
But Wilson was a felon at the time; therefore, it was unlawful for him to possess a firearm or
ammunition. Wilson pleaded guilty to being a felon in possession of ammunition and received
an above-Guidelines sentence of 46 months’ imprisonment. Wilson appeals, arguing that his
sentence is procedurally and substantively unreasonable. Pertinent here, he asserts that his self-defense claim should have precluded the district court from relying on U.S.S.G.
§ 2K2.1(b)(6)(B) to enhance his sentence. Because the district court failed to make factual
findings regarding Wilson’s self-defense claim, we vacate Wilson’s sentence and remand to the
district court for resentencing. |
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JANICE BROWN,
Plaintiff-Appellee,
v.
ANDREW KNAPP; KEN SHINGLETON; BRYCE
WILLOUGHBY; THOMAS DHOOGHE,
Defendants-Appellants. |
No. 22-1973 |
Appeal from the United States District Court for the Eastern District of Michigan at Flint.
No. 4:20-cv-12441—Shalina D. Kumar, District Judge.
Argued: June 13, 2023
Decided and Filed: July 28, 2023
Before: KETHLEDGE, STRANCH, and MATHIS, Circuit Judges.
_________________________
OPINION
_________________________
JANE B. STRANCH, Circuit Judge. In September 2018, Michigan State Police officers
arrested Janice Brown without a warrant for alleged witness intimidation. She was jailed for
approximately 96 hours and was not brought before a judge for a probable cause hearing during
that time. None of the officers involved in her arrest requested a warrant or took any other action
relating to her detention. Brown sued the officers for unreasonably seizing her without probable
cause and detaining her without due process of law, in violation of the Fourth Amendment. The
officers moved for summary judgment based on qualified immunity. The district court denied
their motion, and they appealed. We AFFIRM in part and REVERSE in part. |
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