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ROBERT PARKER; PAUL ADAMS,
Plaintiffs-Appellees,
v.
BATTLE CREEK PIZZA, INC.; KEVIN HERSHOCK; DOE
CORPORATIONS 1–10; JOHN DOES 1–10,
Defendants-Appellants.
MICHAEL BRADFORD, on behalf of himself and those
similarly situated,
Plaintiff-Appellant,
v.
TEAM PIZZA, INC.; CHRIS SHORT,
Defendants-Appellees. |
No. 22-2119
No. 22-3561 |
Appeals from the
United States District Court for the Western District of Michigan at Grand Rapids;
No. 1:20-cv-00277—Janet T. Neff, District Judge.
and
United States District Court for the Southern District of Ohio at Cincinnati;
No. 1:20-cv-00060—Michael R. Barrett, District Judge.
Argued: October 18, 2023
Decided and Filed: March 12, 2024
Before: CLAY, KETHLEDGE, and MATHIS, Circuit Judges.
_________________________
OPINION
_________________________
KETHLEDGE, Circuit Judge. These are two consolidated appeals—one from the
Western District of Michigan, the other from the Southern District of Ohio—in which the parties
disagree about how pizza-delivery drivers should be reimbursed for the cost of providing their
vehicles for work. The Michigan court agreed with the plaintiffs (the delivery drivers) that they
should be reimbursed using a mileage rate published by the IRS; the Ohio court agreed with the
defendants (the drivers’ employers) that a “reasonable approximation” of the drivers’ costs will
do. We respectfully disagree with both courts and vacate their decisions. |
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
HERBERT MARSH,
Defendant-Appellant. |
No. 22-5746 |
Appeal from the United States District Court for the Middle District of Tennessee at Nashville.
No. 3:18-cr-00192-3—William Lynn Campbell Jr., District Judge.
Argued: January 24, 2024
Decided and Filed: March 12, 2024
Before: McKEAGUE, LARSEN, and MURPHY, Circuit Judges.
_________________________
OPINION
_________________________
LARSEN, Circuit Judge. Herbert Marsh and two others robbed a Nashville pawn shop at
gunpoint, stealing eleven firearms and more than $8,000 in cash. They were subsequently
charged with Hobbs Act robbery and several firearms offenses. Marsh’s co-conspirators pleaded
guilty, but Marsh did not. After the district court denied his motion to suppress, Marsh
proceeded to trial and was convicted by a jury on six of the seven charges against him. On
appeal, Marsh challenges the denial of his suppression motion and contends that the district court
imposed a procedurally unreasonable sentence. For the following reasons, we AFFIRM. |
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
TIMOTHY MICHAEL JAIMEZ fka Timothy M. Watters,
Defendant-Appellant. |
No. 23-3189 |
Appeal from the United States District Court for the Northern District of Ohio at Toledo.
No. 3:10-cr-00004-2—James G. Carr, District Judge.
Decided and Filed: March 12, 2024
Before: GRIFFIN, THAPAR, and NALBANDIAN, Circuit Judges.
_________________________
OPINION
_________________________
THAPAR, Circuit Judge. Timothy Jaimez pled guilty to federal drug charges. After his
second supervised-release violation, the district court sentenced him to sixty months’
imprisonment. Because that sentence is procedurally and substantively reasonable, we affirm. |
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