CLICK HERE FOR FULL TEXT |
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
DAVID E. MCCALL, JR.,
Defendant-Appellant. |
No. 21-3400 |
On Petition for Rehearing En Banc.
United States District Court for the Northern District of Ohio at Cleveland.
No. 1:13-cr-00345-41—Christopher A. Boyko, District Judge.
Decided and Filed: April 1, 2022
Before: SUTTON, Chief Judge; MOORE, COLE, CLAY, GIBBONS, GRIFFIN,
KETHLEDGE, WHITE, STRANCH, DONALD, THAPAR, BUSH, LARSEN,
NALBANDIAN, READLER, and MURPHY, Circuit Judges.
_________________________
ORDER
_________________________
A majority of the Judges of this Court in regular active service has voted for rehearing en
banc of this case. Sixth Circuit Rule 35(b) provides as follows:
The effect of the granting of a hearing en banc shall be to vacate the previous
opinion and judgment of this court, to stay the mandate and to restore the case on
the docket sheet as a pending appeal.
Accordingly, it is ORDERED, that the previous decision and judgment of this court are
vacated, the mandate is stayed and this case is restored to the docket as a pending appeal.
The Clerk will direct the parties to file supplemental briefs and will schedule this case for
oral argument as soon as possible. |
CLICK HERE FOR FULL TEXT |
IN RE: STEVEN P. MCDONALD,
Debtor.
___________________________________________
ANDREW R. VARA, U.S. Trustee for Region 9,
Plaintiff-Appellee,
v.
STEVEN P. MCDONALD,
Defendant-Appellant. |
No. 21-3678 |
Appeal from the United States District Court for the Northern District of Ohio at Akron;
No. 5:20-cv-01209—Sara E. Lioi, District Judge.
United States Bankruptcy Court for the Northern District of Ohio at Akron;
Nos. 5:15-bk-52629; 5:16-ap-05039—Alan M. Koschik, Judge.
Decided and Filed: April 1, 2022
Before: McKEAGUE, STRANCH, and BUSH, Circuit Judges.
_________________________
OPINION
_________________________
JOHN K. BUSH, Circuit Judge. Steven P. McDonald filed for individual Chapter 7
bankruptcy in late 2015. As part of those proceedings, the United States Trustee filed a
complaint seeking denial of McDonald’s discharge of his debts. The Trustee argued that
11 U.S.C. § 727(a)(5) prevented discharge of those debts because McDonald had failed to
satisfactorily explain the dissipation of many of his assets. The bankruptcy court agreed and
granted summary judgment to the Trustee in part. The district court affirmed the bankruptcy
court’s decision. We affirm as well. |
CLICK HERE FOR FULL TEXT |
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
NICHOLAS NUNLEY,
Defendant-Appellant. |
No. 21-5471 |
Appeal from the United States District Court
for the Eastern District of Tennessee at Chattanooga.
No. 1:19-cr-00122-1—Travis Randall McDonough, District Judge.
Decided and Filed: April 1, 2022
Before: GILMAN, STRANCH, and NALBANDIAN, Circuit Judges.
_________________________
OPINION
_________________________
RONALD LEE GILMAN, Circuit Judge. Nicholas Nunley pleaded guilty to one count
of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1), and was
sentenced to 112 months in prison. He now challenges both the procedural and substantive
reasonableness of his below-Guidelines sentence. For the reasons set forth below, we AFFIRM
the judgment of the district court. |
|