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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
ADAM CARSON,
Defendant-Appellant. |
No. 21-3518 |
Appeal from the United States District Court for the Northern District of Ohio at Cleveland.
No. 1:17-cr-00008-1—Donald C. Nugent, District Judge.
Argued: November 29, 2022
Decided and Filed: December 16, 2022
Before: WHITE, THAPAR, and READLER, Circuit Judges.
_________________________
OPINION
_________________________
THAPAR, Circuit Judge. When the district court took all but $300 from Adam Carson’s
inmate trust account to pay his court-ordered restitution, it made no findings and cited no
authorities. Because the law requires more, we vacate and remand for further findings. |
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RALPH GRAGG,
Plaintiff-Appellant,
v.
UPS PENSION PLAN,
Defendant-Appellee. |
No. 22-3379 |
Appeal from the United States District Court for the Southern District of Ohio at Columbus.
No. 2:20-cv-05708—Algenon L. Marbley, Chief District Judge.
Argued: October 20, 2022
Decided and Filed: December 16, 2022
Before: BATCHELDER, GRIFFIN, and KETHLEDGE, Circuit Judges.
_________________________
OPINION
_________________________
KETHLEDGE, Circuit Judge. The limitations period for an ERISA claim “to recover
benefits due” under a plan does not expire before the alleged underpayment on which the claim
is based. Here, UPS driver Ralph Gragg received from each of two pension plans a letter whose
particulars contradicted each plan’s more general description of the monthly payments that he
would receive after turning 65. Eight years later Gragg received his first such payments, which
were much lower than he expected. Gragg brought this suit, which the district court held was
time-barred because, the court held, Gragg’s claim had accrued when he received the plans’
letters eight years before. But the letters did not cause the injury upon which Gragg sued; the
underpayments did. And before that injury his claim had not accrued. We reverse the district
court’s dismissal of Gragg’s claim. |
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
CHRISTOPHER MICHAEL SAMMONS,
Defendant-Appellant. |
No. 22-3113 |
Appeal from the United States District Court for the Southern District of Ohio at Columbus.
No. 2:19-cr-00107-1—Sarah Daggett Morrison, District Judge.
Argued: December 7, 2022
Decided and Filed: December 16, 2022
Before: SUTTON, Chief Judge; COLE and GRIFFIN, Circuit Judges.
_________________________
OPINION
_________________________
SUTTON, Chief Judge. In online chats with two undercover officers, Christopher
Sammons shared child pornography, requested videos of his correspondents sexually abusing
children, described abusing his niece, and offered more videos down the road of planned abuse.
The FBI apprehended Sammons hours before he was scheduled to babysit his niece, and he
confessed to taking and sharing explicit photos of her online. A jury convicted him of several
child-pornography charges. We affirm. |
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