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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
GERALD LYNN CAMPBELL,
Defendant-Appellant. |
No. 22-5567 |
Appeal from the United States District Court
for the Eastern District of Tennessee at Chattanooga.
No. 1:21-cr-00005-1—Charles Edward Atchley, Jr., District Judge.
Decided and Filed: August 10, 2023
Before: GIBBONS, READLER, and DAVIS, Circuit Judges.
_________________________
OPINION
_________________________
CHAD A. READLER, Circuit Judge. Gerald Lynn Campbell brandished a pistol and
told a group of laborers that he had a bullet for each of them. Following an indictment,
Campbell pleaded guilty to being a felon in possession of a firearm. The district court sentenced
him to fifteen years’ imprisonment, concluding that Campbell’s prior convictions for robbery
and drug offenses triggered the Armed Career Criminal Act’s mandatory minimum. Campbell
appealed, challenging his sentence. We affirm. |
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INTERNATIONAL OUTDOOR, INC.,
Plaintiff-Appellant,
v.
CITY OF TROY, MICHIGAN,
Defendant-Appellee. |
No. 21-1544 |
Appeal from the United States District Court for the Eastern District of Michigan at Detroit.
No. 2:17-cv-10335—George Caram Steeh III, District Judge.
Argued: June 14, 2023
Decided and Filed: August 10, 2023
Before: BOGGS, SUHRHEINRICH, and WHITE, Circuit Judges.
_________________________
OPINION
_________________________
BOGGS, Circuit Judge. International Outdoor, Inc. (“International Outdoor”) sought
permission to erect billboards in the City of Troy. After the City denied International Outdoor’s
permit application and request for a variance, International Outdoor sued, claiming that the
City’s sign ordinance (“Ordinance”) violated the First Amendment. International Outdoor
argued that the Ordinance’s variance procedure imposed an invalid prior restraint and that its
permit exceptions were content-based restrictions on free speech.
In a prior appeal, we affirmed the district court’s grant of summary judgment to the City
on International Outdoor’s prior-restraint claim. But we reversed the district court’s dismissal of
the content-based-restriction claim and remanded for the court to consider whether the
Ordinance, with the permit exceptions, survived strict scrutiny. While it does not, the permit
exceptions are, as the district court held on remand, severable, leaving intact the Ordinance’s
height, size, and setback requirements. Because International Outdoor’s proposed billboards do
not satisfy these valid, content-neutral standards, we affirm. |
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TIMOTHY A. RAIMEY, Administrator of the Estate of
Matthew Burroughs,
Plaintiff-Appellee,
v.
CITY OF NILES, OHIO, et al.,
Defendants,
CHRISTOPHER MANNELLA, Niles City Police
Department Officer, in his individual capacity,
Defendant-Appellant. |
No. 22-3285 |
Appeal from the United States District Court for the Northern District of Ohio at Youngstown.
No. 4:20-cv-00005—Sara E. Lioi, District Judge.
Argued: March 17, 2023
Decided and Filed: August 10, 2023
Before: MOORE, CLAY, and STRANCH, Circuit Judges.
_________________________
OPINION
_________________________
JANE B. STRANCH, Circuit Judge. In January 2019, Officer Christopher Mannella
fatally shot James Burroughs at an apartment complex in Niles, Ohio. On behalf of Burroughs’s
estate, Timothy Raimey brought this action under 42 U.S.C. § 1983 and state law against the
City of Niles and several involved police officers. The Defendants moved for summary
judgment, which Raimey did not oppose except as to his claims against Mannella. The district
court granted summary judgment to the other Defendants but denied Mannella’s assertions of
qualified and state law immunity, allowing Raimey’s claims of excessive force, wrongful death,
assault and battery, and reckless conduct, to proceed against Mannella. Mannella timely
appealed. We deny Raimey’s motion to dismiss the appeal and affirm the denial of qualified
immunity to Mannella. |
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
NICKLESS WHITSON,
Defendant-Appellant. |
No. 22-5462 |
Appeal from the United States District Court for the Middle District of Tennessee at Nashville.
No. 3:12-cr-00013-2—Eli J. Richardson, District Judge.
Decided and Filed: August 10, 2023
Before: SUTTON, Chief Judge; MOORE and WHITE, Circuit Judges.
_________________________
OPINION
_________________________
KAREN NELSON MOORE, Circuit Judge. In 2011, Nickless Whitson participated in
two Hobbs Act robberies. He was charged with and convicted of eight crimes at trial and
sentenced to 1,252 months of incarceration. After several appeals, through which four of his
convictions were vacated, he was resentenced in May of 2022 to 360 months of incarceration.
Whitson contends that his sentence was procedurally and substantively unreasonable. He argues
that the district court made four errors: first, it speculated that Whitson’s difficult upbringing
made him more likely to reoffend, in spite of evidence to the contrary; second, it failed to make
an “individualized assessment” of Whitson’s background; third, it impermissibly required
Whitson to admit his guilt in order to consider fully evidence of his rehabilitation while
incarcerated; and fourth, it did not properly weigh the evidence of his rehabilitation. We
conclude that the district court committed plain error by requiring Whitson to admit his guilt in
order to consider fully the evidence of his rehabilitation. We therefore VACATE Whitson’s
sentence and REMAND for resentencing. |
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