CLICK HERE FOR FULL TEXT |
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
SCOTT A. CHAPPELLE,
Defendant-Appellant. |
No. 22-1969 |
Appeal from the United States District Court
for the Western District of Michigan at Grand Rapids.
No. 1:20-cr-00079-1—Jane M. Beckering, District Judge.
Argued: June 15, 2023
Decided and Filed: August 15, 2023
Before: MOORE, McKEAGUE, and MATHIS, Circuit Judges.
_________________________
OPINION
_________________________
KAREN NELSON MOORE, Circuit Judge. Scott Chappelle pleaded guilty to tax
evasion and was sentenced to 38 months’ imprisonment. On appeal, Chappelle argues that the
district court erred in two respects when computing his offense level under the Sentencing
Guidelines. First, he asserts that the district court miscalculated his tax loss under U.S.S.G.
§§ 2T1.1 and 2T4.1. Second, he contends that the district court erroneously found that his
offense involved sophisticated means under U.S.S.G. § 2T1.1(b)(2). We AFFIRM. |
CLICK HERE FOR FULL TEXT |
KEVIN KEITH,
Petitioner-Appellant,
v.
LEON HILL, Warden,
Respondent-Appellee. |
No. 21-3948 |
Appeal from the United States District Court for the Northern District of Ohio at Cleveland.
No. 1:18-cv-00634—Solomon Oliver, Jr., District Judge.
Argued: April 26, 2023
Decided and Filed: August 15, 2023
Before: SILER, KETHLEDGE, and WHITE, Circuit Judges.
_________________________
OPINION
_________________________
KETHLEDGE, Circuit Judge. In January 1994, the state of Ohio indicted Kevin Keith—along with his cousin and uncle—on cocaine-trafficking charges based on information provided
by Rudel Chatman. Less than a month later, someone shot six of Chatman’s relatives, killing
three of them. A survivor identified Kevin Keith as his attacker, and an Ohio jury convicted
Keith of triple homicide and sentenced him to death.
Keith has since filed four federal habeas petitions. Three of those—including this one—argued that the prosecution failed to turn over exculpatory evidence before trial, in violation of
Brady v. Maryland, 373 U.S. 83 (1963). The federal habeas statute bars consideration of these
claims unless Keith can show that no reasonable juror today would convict him in light of the
“evidence as a whole.” We agree with the district court that Keith cannot make that showing,
and affirm. |
|