CLICK HERE FOR FULL TEXT |
MARTIN J. WALSH, Secretary of Labor, United States
Department of Labor,
Plaintiff-Appellee/Cross-Appellant,
v.
KDE EQUINE, LLC, dba Steve Asmussen Stables;
STEVE ASMUSSEN,
Defendants-Appellants/Cross-Appellees. |
Nos. 21-5054/5133 |
Appeal from the United States District Court for the Western District of Kentucky at Louisville.
No. 3:15-cv-00562—Claria Horn Boom, District Judge.
Argued: December 9, 2021
Decided and Filed: December 22, 2022
Before: DONALD, THAPAR, and LARSEN Circuit Judges.
_________________________
OPINION
_________________________
BERNICE BOUIE DONALD, Circuit Judge. The Department of Labor (DOL) alleged
that KDE Equine violated various provisions of the Fair Labor Standards Act, including the
minimum wage, overtime, and recordkeeping requirements. See 29 U.S.C. §§ 206, 207, 211.
The district court granted judgment to the DOL on its overtime claims but found for KDE Equine
on the DOL’s claims for willful violations and liquidated damages. Both parties appeal. For the
following reasons, this Court AFFIRMS in part, VACATES in part, and REMANDS for further
proceedings. |
CLICK HERE FOR FULL TEXT |
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
DAVID E. MCCALL,JR.,
Defendant-Appellant. |
No. 21-3400 |
On Petition for Rehearing En Banc.
United States District Court for the Northern District of Ohio at Cleveland;
No. 1:13-cr-00345-41—Christopher A. Boyko, District Judge.
Argued En Banc: June 8, 2022
Decided and Filed: December 22, 2022
Before: SUTTON, Chief Judge; MOORE, COLE, CLAY, GIBBONS, GRIFFIN,
KETHLEDGE, WHITE, STRANCH, DONALD, THAPAR, BUSH, LARSEN,
NALBANDIAN, READLER, and MURPHY, Circuit Judges.*
_________________________
OPINION
_________________________
NALBANDIAN, Circuit Judge. David McCall, a federal prisoner with a long drug-dealing career, pleaded guilty to a conspiracy charge involving heroin possession and
distribution in 2015. Five years into his 235-month sentence, McCall moved for compassionate
release under 18 U.S.C. § 3582(c)(1). Although he cited several “extraordinary and compelling
reasons” justifying a sentence reduction under that statute, the heart of his motion rested on our
opinion in Havis. Invoking that opinion, McCall argued that if he were sentenced today, he
would receive a shorter sentence than he received in 2015. The district court denied his motion,
reasoning that a nonretroactive change in sentencing law could not amount to an “extraordinary
and compelling” reason for a sentence reduction. We agree and affirm. |
CLICK HERE FOR FULL TEXT |
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
BRIAN KEITH WELLS, aka B. K. Wells,
Defendant-Appellant. |
No. 21-5890 |
Appeal from the United States District Court for the Eastern District of Kentucky at Pikeville.
No. 7:20-cr-00006-1—Robert E. Wier, District Judge.
Decided and Filed: December 22, 2022
Before: SILER, GILMAN, and NALBANDIAN, Circuit Judges.
_________________________
OPINION
_________________________
SILER, Circuit Judge. Defendant-Appellant Brian Keith Wells appeals his belowGuidelines sentence, challenging the district court’s refusal to appoint substitute counsel, the
application of a four-level role enhancement to his Guidelines range, and the substantive
reasonableness of his sentence. For the following reasons, we AFFIRM. |
|