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CALVIN R. PETTREY, NIKKI PETTREY, Plaintiffs-Appellants, v. ENTERPRISE TITLE AGENCY, INC.; FIRST USA TITLE AGENCY, LP; JOHN DESANTIS, Defendants-Appellees. |
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Appeal from the United States District Court
for the Northern District of Ohio at Cleveland.
No. 05-01504—Patricia A. Gaughan, District Judge.
Argued: August 5, 2009
Decided and Filed: October 27, 2009
Before: CLAY and SUTTON, Circuit Judges; THAPAR, District Judge.
THAPAR, District Judge. Given that the plaintiffs have settled and released all of their claims against the defendants, this case is moot. Therefore, this appeal must be dismissed for lack of jurisdiction because there is no justiciable case or controversy under Article III of the Constitution.
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UNITED STATES OF AMERICA, Plaintiff-Appellee, v. ERROL EUGENE WASHINGTON, Defendant-Appellant. |
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Appeal from the United States District Court
for the Middle District of Tennessee at Nashville.
No. 94-00092-001—William J. Haynes, Jr., District Judge.
Submitted: August 4, 2009
Decided and Filed: October 27, 2009
Before: SILER, MOORE, and GRIFFIN, Circuit Judges.
GRIFFIN, Circuit Judge. Defendant Errol Eugene Washington appeals the district court’s order denying, in part, his motion to reduce and modify his otherwise valid sentence pursuant to 18 U.S.C. § 3582(c)(2). Washington’s appeal presents an issue of first impression in our circuit: whether the district court, in modifying a sentence pursuant to § 3582(c)(2), has authority under United States v. Booker, 543 U.S. 220 (2005), to reduce a sentence beyond the retroactive United States Sentencing Guidelines amendment range. For the reasons explained below, we hold that the district court does not have such authority and therefore affirm the judgment of the district court.
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TODD J. DELAY, Plaintiff-Appellant, v. ROSENTHAL COLLINS GROUP, LLC, Defendant-Appellee. |
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Appeal from the United States District Court
for the Southern District of Ohio at Columbus.
No. 07-00568—Norah McCann King, Magistrate Judge.
Argued: October 8, 2009
Decided and Filed: October 27, 2009
Before: SUTTON, KETHLEDGE, and WHITE, Circuit Judges.
KETHLEDGE, Circuit Judge. Todd Delay filed this suit against his former employer, Rosenthal Collins Group, LLC (RCG), seeking indemnification for legal expenses incurred in successfully defending a prior suit brought against him under the Commodities Exchange Act (CEA), 7 U.S.C. § 1 et seq. The district court dismissed Delay’s claim, finding it preempted by federal law. We respectfully disagree, and thus vacate and remand.