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DOUGLAS MILCZAK,
Plaintiff-Appellant,
v.
GENERAL MOTORS, LLC,
Defendant-Appellee. |
No. 23-1462 |
Appeal from the United States District Court for the Eastern District of Michigan at Detroit.
No. 2:21-cv-11484—George Caram Steeh III, District Judge.
Argued: January 31, 2024
Decided and Filed: May 21, 2024
Before: SILER, MATHIS, and BLOOMEKATZ, Circuit Judges.
_________________________
OPINION
_________________________
BLOOMEKATZ, Circuit Judge. Douglas Milczak is a longtime General Motors (“GM”)
employee who works at one of its plants near Detroit, Michigan. In 2018, GM announced that it
was retooling that plant to produce electric vehicles. From then on things seemed tenuous for
Milczak, who was in his late fifties. While he remained employed, and still is, he claims that his
managers harassed him because of his age, and let his subordinates do the same, to push him into
early retirement. After several years of enduring this alleged degradation, he filed an action
against GM claiming it violated the Age Discrimination in Employment Act. After discovery,
GM moved for summary judgment, arguing the record did not support any of his claims. The
district court granted the motion, and we affirm. |
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BENNY LEE HODGE,
Petitioner-Appellant,
v.
LAURA PLAPPERT, Interim Warden,
Respondent-Appellee. |
No. 17-6032 |
On Petition for Rehearing En Banc.
United States District Court for the Eastern District of Kentucky at Pikeville.
No. 7:13-cv-00005—David L. Bunning, District Judge.
Decided and Filed: May 21, 2024
Before: SUTTON, Chief Judge; MOORE, CLAY, GIBBONS, GRIFFIN,
KETHLEDGE, STRANCH, THAPAR, BUSH, LARSEN, NALBANDIAN,
READLER, MURPHY, DAVIS, MATHIS, and BLOOMEKATZ, 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. |
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
EMMANUEL TRENCELL MERRITT,
Defendant-Appellant. |
No. 23-1216 |
Appeal from the United States District Court
for the Western District of Michigan at Grand Rapids.
No. 1:21-cr-00051-1—Jane M. Beckering, District Judge.
Decided and Filed: May 21, 2024
Before: BUSH, NALBANDIAN, and MURPHY, Circuit Judges.
_________________________
OPINION
_________________________
NALBANDIAN, Circuit Judge. Emmanuel Merritt pleaded guilty to being a felon in
possession of firearms and was sentenced to 120 months in prison. But two twists underlie this
seemingly straightforward case. First, before Merritt pleaded guilty, he spent several months
evading authorities. So the district court faulted him for not accepting responsibility and denied
him a two-point reduction in his total offense level, which Merritt challenges as an error.
Second, the district court gave Merritt a three-point increase in his criminal history score because
one of his past state offenses included a total prison sentence of 870 days. But Merritt believes
that his sentence was for only 330 days, because of credits he received, and the district court was
thus wrong in calculating his score. Both claims fail, however, so we AFFIRM. |
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