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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
BRIAN DEWAYNE DARDEN-MOSBY,
Defendant-Appellant. |
No. 22-2032 |
Appeal from the United States District Court for the Western District of Michigan at Grand Rapids.
No. 1:20-cr-00190-1—Jane M. Beckering, District Judge.
Argued: May 1, 2024
Decided and Filed: May 13, 2024
Before: COLE, CLAY, and THAPAR, Circuit Judges.
_________________________
OPINION
_________________________
THAPAR, Circuit Judge. Storing tens of thousands of dollars in a shoebox is seldom a
good idea. Dealing drugs illegally never is. Brian Dewayne Darden-Mosby did both, earning
himself two federal convictions. What’s more, the government seized over a quarter million
dollars from him. Mosby now wants his money back, but most of his arguments don’t cash out.
We affirm in part and reverse in part. |
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DIAMOND TRANSPORTATION LOGISTICS, INC.,
Plaintiff-Counter Defendant-Appellant,
v.
THE KROGER COMPANY,
Defendant-Counter Claimant-Appellee. |
No. 23-3462 |
Appeal from the United States District Court for the Southern District of Ohio at Columbus.
No. 2:19-cv-05448—Sarah Daggett Morrison, District Judge.
Decided and Filed: May 13, 2024
Before: GIBBONS, McKEAGUE, and STRANCH, Circuit Judges.
_________________________
OPINION
_________________________
McKEAGUE, Circuit Judge. Was Diamond Transportation Logistics contractually
required to cover Kroger’s costs in settling a claim for negligent selection, hiring, and retention?
The district court said yes. We agree and affirm. |
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
LANCE TOBIAS,
Defendant-Appellant. |
No. 23-3048 |
Appeal from the United States District Court for the Northern District of Ohio at Cleveland.
No. 1:22-cr-00164-1—John R. Adams, District Judge.
Argued: December 7, 2023
Decided and Filed: May 13, 2024
Before: BUSH, LARSEN, and MURPHY, Circuit Judges.
_________________________
OPINION
_________________________
JOHN K. BUSH, Circuit Judge. Lance Tobias ran an operation shipping and receiving
drugs and cash for dealers and their customers. After he pleaded guilty to crimes involving the
possession and distribution of fentanyl, the district court denied Tobias “safety-valve” relief, an
offense-level reduction under 18 U.S.C. § 3553(f) and U.S.S.G. § 5C1.2 afforded to defendants
who make full disclosures to the government, citing Tobias’s failure to disclose any information
regarding his customers. Tobias consequently qualified for a ten-year mandatory minimum
under 21 U.S.C. § 841(b)(1)(B). The court imposed the mandatory minimum and a $100,000
fine without calculating Tobias’s sentencing range under the United States Sentencing
Guidelines. Tobias now challenges the district court’s denial of safety-valve relief and his
sentence. Because the district court’s denial of safety-valve relief was supported by the record
and any sentencing error survives plain-error review, we affirm. |
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