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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
JAMES WILDER, II,
Defendant-Appellant. |
No. 22-2129 |
Appeal from the United States District Court for the Eastern District of Michigan at Flint.
No. 4:21-cr-20671-1—Matthew F. Leitman, District Judge.
Decided and Filed: December 4, 2023
Before: BOGGS, SUHRHEINRICH, and READLER, Circuit Judges.
_________________________
OPINION
_________________________
CHAD A. READLER, Circuit Judge. James Wilder II was walking along a road on a
rainy night. When a police car approached, an officer noticed a gun at Wilder’s hip. Wilder ran,
clutching his waist. The officer observed Wilder drop the gun and pick it up before running into
a house. A search of the home yielded a gun matching the one the officer had observed, leading
to Wilder’s arrest. While in jail, Wilder called a friend and directed her to pay the residents of
the home to say (falsely) that they owned the gun. A jury ultimately found Wilder guilty of both
possession of a firearm as a felon and attempted witness tampering.
Wilder challenges the admission of trial testimony regarding the officer’s training and
experience. He also contests the sufficiency of the evidence supporting his attempt conviction.
Finding no prejudicial error in the district court proceedings, we affirm. |
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ISLAND CREEK COAL COMPANY,
Petitioner,
v.
ELIZABETH MAYNARD on behalf and widow of
Jennings Maynard; DIRECTOR, OFFICE OF WORKERS’
COMPENSATION PROGRAMS, UNITED STATES
DEPARTMENT OF LABOR,
Respondents. |
No. 23-3238 |
On Petition for Review from the Benefits Review Board.
Nos. 22-0062 BLA; 22-0063 BLA.
Decided and Filed: December 4, 2023
Before: MOORE, MURPHY, and MATHIS, Circuit Judges.
_________________________
OPINION
_________________________
KAREN NELSON MOORE, Circuit Judge. Jennings Maynard worked in the coalmining industry for over forty-three years and developed severe respiratory issues. Maynard
filed a claim for benefits under the Black Lung Benefits Act, but he died while his claim was still
pending. Maynard’s widow, Elizabeth Maynard, filed a claim for survivor’s benefits, and the
Administrative Law Judge awarded benefits to Elizabeth Maynard, on both Maynard’s behalf
and as his surviving spouse. The Benefits Review Board affirmed. Island Creek Coal Company
now petitions this court to review the award. For the following reasons, we DENY the petition
for review |
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MARLEAN A. AMES,
Plaintiff-Appellant,
v.
OHIO DEPARTMENT OF YOUTH SERVICES,
Defendant-Appellee. |
No. 23-3341 |
Appeal from the United States District Court for the Southern District of Ohio at Columbus.
No. 2:20-cv-05935—Algenon L. Marbley, District Judge.
Decided and Filed: December 4, 2023
Before: MOORE, McKEAGUE, and KETHLEDGE, Circuit Judges.
_________________________
OPINION
_________________________
PER CURIAM. Marlean Ames sued the Ohio Department of Youth Services under Title
VII of the Civil Rights Act of 1964, asserting claims of discrimination based on sexual
orientation and sex. The district court granted summary judgment to the Department, holding
that Ames lacked evidence of “background circumstances” necessary to establishing her prima-facie case for her claim based on sexual orientation, and that Ames lacked evidence of pretext for
purposes of her sex-discrimination claim. We affirm. |
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