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AMMEX, INC.,
Plaintiff-Appellant,
v.
GARY MCDOWELL, Director for the Michigan
Department of Agriculture & Rural Development,
Defendant-Appellee. |
No. 20-1250 |
Appeal from the United States District Court for the Eastern District of Michigan at Detroit.
No. 2:18-cv-10751—Laurie J. Michelson, District Judge.
Argued: March 9, 2021
Decided and Filed: February 3, 2022
Before: GRIFFIN, WHITE, and BUSH, Circuit Judges.
_________________________
OPINION
_________________________
HELENE N. WHITE, Circuit Judge. Plaintiff-Appellant Ammex, Inc. (Ammex) appeals
the district court’s dismissal of its amended complaint. Ammex seeks to prevent Defendant-Appellee Michigan Department of Agriculture and Rural Development (MDARD) from
enforcing a federal gasoline-volatility regulation against it, arguing that the regulation is
inapplicable to export-only gas stations and conflicts with the customs statute that authorizes
Ammex’s duty-free status. For the reasons below, we AFFIRM. |
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
TAURUS COOPER,
Defendant-Appellant. |
No. 21-5209 |
Appeal from the United States District Court for the Western District of Tennessee at Memphis.
No. 2:19-cr-20339-1—Thomas L. Parker, District Judge.
Argued: October 20, 2021
Decided and Filed: February 3, 2022
Before: BATCHELDER, LARSEN, and READLER, Circuit Judges.
_________________________
OPINION
_________________________
LARSEN, Circuit Judge. Taurus Cooper pleaded guilty to possessing a firearm as a
felon, 18 U.S.C. § 922(g), but reserved the right to appeal the denial of his motion to suppress
the gun underlying the charge. On appeal, Cooper contends that the district court erred in
applying the inevitable discovery exception to the exclusionary rule. Because the district court
focused on the wrong legal test, we VACATE the district court’s judgment and REMAND for
further proceedings. |
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