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PATRICIA LEVINE,
Plaintiff-Appellant,
v.
LOUIS DEJOY,
Defendant-Appellee. |
No. 22-1388 |
Appeal from the United States District Court
for the Western District of Michigan at Grand Rapids.
No. 1:20-cv-01208—Paul Lewis Maloney, District Judge.
Argued: January 24, 2023
Decided and Filed: April 10, 2023
Before: CLAY, WHITE, and THAPAR, Circuit Judges.
_________________________
OPINION
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CLAY, Circuit Judge. Plaintiff Patricia Levine, an African-American woman,
commenced this action under Title VII, 42 U.S.C. §§ 2000e, et seq., alleging that her employer,
the United States Postal Service (“USPS”), discriminated against her by failing to promote her
on the basis of race. The district court granted USPS’s motion for summary judgment and
dismissed the action.1 We REVERSE for the reasons set forth below. |
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LEONARD BAUGH,
Petitioner-Appellant,
v.
UNITED STATES OF AMERICA,
Respondent-Appellee. |
No. 21-5230 |
Appeal from the United States District Court for the Middle District of Tennessee at Nashville.
Nos. 3:09-cr-00240; 3:16-cv-02628—Aleta Arthur Trauger, District Judge.
Argued: March 10, 2023
Decided and Filed: April 10, 2023
Before: GIBBONS, BUSH, and MATHIS, Circuit Judges.
_________________________
OPINION
_________________________
JULIA SMITH GIBBONS, Circuit Judge. Leonard Baugh coordinated a plan to use a
gun to steal cocaine from a drug dealer and resell it. Based on this conduct, a federal jury
convicted him of conspiracy to possess with intent to distribute cocaine, conspiracy to commit
Hobbs Act robbery, and possessing a firearm in furtherance of a crime of violence or a drug
trafficking crime in violation of 18 U.S.C. § 924(c). In accordance with the law at the time, the
jury was instructed that either the cocaine conspiracy or the Hobbs Act robbery conspiracy could
furnish the predicate offense for the § 924(c) count. The Supreme Court subsequently held that
the residual clause pursuant to which Baugh’s Hobbs Act robbery conspiracy conviction
qualified as a crime of violence was unconstitutionally vague. Baugh filed a motion to vacate his
§ 924(c) conviction, arguing that it rested on an invalid predicate. The district court denied that
relief. Because there is no reason to believe that the jury based Baugh’s § 924(c) conviction on
only his Hobbs Act robbery conspiracy conviction and not also on his cocaine conspiracy
conviction, we affirm. |
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THEODORE JOSEPH ROBERTS, RANDALL DANIEL, and
SALLY O’BOYLE, on behalf of themselves and all
others similarly situated,
Plaintiffs-Appellees,
v.
ROBERT D. NEACE,
Defendant,
ANDREW G. BESHEAR, in his official capacity as the
Governor of the Commonwealth of Kentucky, and
ERIC FRIEDLANDER, Secretary, Kentucky Cabinet for
Health and Family Services,
Defendants-Appellants. |
No. 22-5985 |
Appeal from the United States District Court for the Eastern District of Kentucky at Covington.
No. 2:20-cv-00054—William O. Bertelsman, District Judge.
Decided and Filed: April 10, 2023
Before: SUTTON, Chief Judge; McKEAGUE and NALBANDIAN, Circuit Judges.
_________________________
OPINION
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SUTTON, Chief Judge. In 2020, three individuals opposed the Kentucky Governor’s
COVID-19 restrictions on religious gatherings. They received preliminary injunctions against
the orders, and the district court awarded them attorney’s fees as prevailing parties. See
42 U.S.C. § 1988(b). We affirm the fees award. |
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