Thursday, October 30

Kentucky

Court vacates sentence of Kentucky man after ruling state manslaughter law not a ‘crime of violence’
Kentucky

Court vacates sentence of Kentucky man after ruling state manslaughter law not a ‘crime of violence’

LEXINGTON, KY – The U.S. Court of Appeals for the Sixth Circuit has vacated the prison sentence of Davon S. Tooley after ruling that his prior Kentucky conviction for second-degree manslaughter does not qualify as a “crime of violence” under federal sentencing guidelines. Tooley was serving a 145-month sentence after pleading guilty to two counts of possessing a firearm as a convicted felon, in violation of 18 U.S.C. § 922(g)(1). His sentence was enhanced based on a prior Kentucky conviction for second-degree manslaughter, which the district court had classified as a violent crime. On appeal, Tooley challenged that classification. In an opinion issued October 23, 2025, Circuit Judge Helene N. White, writing for the panel, found that Kentucky’s second-degree manslaughter statute r...
Court allows excessive force lawsuit to proceed against one officer in fatal Nashville shooting
Kentucky, Michigan, Ohio, Tennessee

Court allows excessive force lawsuit to proceed against one officer in fatal Nashville shooting

NASHVILLE, TN, October 17, 2025 — The U.S. Court of Appeals for the Sixth Circuit has ruled that a lawsuit filed by the widow of Landon Eastep may proceed against one Metropolitan Nashville Police Department officer accused of using excessive force, while granting qualified immunity to eight other officers involved in the fatal 2022 highway shooting. The case stems from a 35-minute standoff on Interstate 65, where nine officers from multiple agencies fired approximately 33 rounds at Eastep, striking him 12 times. Video evidence confirmed that Eastep, who had initially displayed a box cutter, was shot after raising an unidentified object that officers mistook for a firearm. According to court documents, the Sixth Circuit found that most officers acted reasonably in using deadly fo...
Court upholds search of Cleveland man’s home in drug and firearms case
Kentucky, Michigan, Ohio, Tennessee

Court upholds search of Cleveland man’s home in drug and firearms case

CLEVELAND, OH, October 17, 2025 — The U.S. Court of Appeals for the Sixth Circuit has affirmed the denial of a motion to suppress evidence filed by Devin Long, who pleaded guilty to federal drug and firearms charges after officers recovered narcotics and weapons from his home. According to court records, Drug Enforcement Administration task force officers began investigating a drug trafficking network involving methamphetamine, fentanyl, and cocaine. During multiple controlled buys, investigators observed Long coordinating with other suspects and engaging in what they believed to be drug transactions. Surveillance linked Long to a residence on East 35th Street, which he had registered with the Ohio Adult Parole Authority as his home address. A federal magistrate judge authorized ...
Court upholds dismissal of former Michigan corrections officer’s lawsuit over termination
Kentucky, Michigan, Ohio, Tennessee

Court upholds dismissal of former Michigan corrections officer’s lawsuit over termination

GRAND RAPIDS, MI, October 17, 2025 — The U.S. Court of Appeals for the Sixth Circuit has affirmed the dismissal of a lawsuit filed by former Michigan Department of Corrections officer Charles Bozzo, who alleged that his firing in 2019 violated his constitutional right to due process. Bozzo sued MDOC Director Heidi Washington and Discipline Coordinator Jennifer Nanasy under 42 U.S.C. § 1983, claiming that the department relied on false allegations and an unfair arbitration process to terminate him following workplace misconduct complaints. The district court dismissed the suit as time-barred and for failure to state a claim. According to the ruling, Bozzo was terminated on July 31, 2019, after a coworker accused him of making harassing remarks. He pursued arbitration through his u...
Court denies Guatemalan man’s appeal to reopen immigration case for voluntary departure
Kentucky, Michigan, Ohio, Tennessee

Court denies Guatemalan man’s appeal to reopen immigration case for voluntary departure

CINCINNATI, OH, October 17, 2025 — The U.S. Court of Appeals for the Sixth Circuit has denied a petition from Guatemalan national Juan Carlos Pastor-Hernandez, who sought to reopen his removal proceedings in order to apply for voluntary departure from the United States. According to court records, Pastor-Hernandez entered the country illegally in 2014 and was ordered removed after his applications for asylum, withholding of removal, and protection under the Convention Against Torture were denied. He later sought to reopen his case following the Supreme Court’s decision in Niz-Chavez v. Garland, arguing that the ruling allowed him to pursue voluntary departure because his initial notice to appear did not meet statutory requirements. To qualify for voluntary departure, immigrants m...
Sixth Circuit upholds firearms trafficking enhancement in Elias Pagan case involving undercover gun and drug sales
Kentucky, Michigan, Tennessee

Sixth Circuit upholds firearms trafficking enhancement in Elias Pagan case involving undercover gun and drug sales

CINCINNATI, OH – The U.S. Court of Appeals for the Sixth Circuit has affirmed the firearms trafficking sentencing enhancement imposed on Elias Pagan, who pleaded guilty to multiple drug and firearm offenses after selling crack cocaine and firearms to an undercover agent in Cleveland. Pagan sold five firearms and crack cocaine across multiple transactions in 2023. The undercover agent, posing as a buyer, asked about illegal firearm modifications, used a hidden compartment in his vehicle, and bought drugs—factors the court found sufficient to establish Pagan had “reason to believe” the firearms would be used unlawfully. This met the criteria for the trafficking enhancement under U.S.S.G. § 2K2.1(b)(5) (2021). The court rejected Pagan’s argument that the enhancement amounted to impr...
Sixth Circuit denies asylum to Honduran woman who fled gang threats as child
Kentucky, Ohio, Tennessee

Sixth Circuit denies asylum to Honduran woman who fled gang threats as child

CINCINNATI, OH – The U.S. Court of Appeals for the Sixth Circuit denied Carmen Odalis Cabrera-Hernandez’s petition for review after the Board of Immigration Appeals (BIA) rejected her application for asylum, withholding of removal, and protection under the Convention Against Torture. Cabrera-Hernandez, a native of Honduras, unlawfully entered the United States in 2014 at the age of 12 after receiving threats from gang members who later kidnapped her friend and allegedly murdered her uncle. She claimed fear of being kidnapped or killed if forced to return to Honduras, citing distrust in local police and lack of family protection. The Immigration Judge (IJ) found her proposed social groups—“Honduran women,” “Honduran females between the ages of 5 and 21,” and “Honduran females betw...
Sixth Circuit upholds 303-month sentence for Memphis Dollar General shooting
Kentucky, Ohio

Sixth Circuit upholds 303-month sentence for Memphis Dollar General shooting

MEMPHIS, TN – The U.S. Court of Appeals for the Sixth Circuit affirmed a 303-month sentence for Malik Motley, who pleaded guilty to robbery and firearm charges after shooting a store clerk in the face during a 2021 robbery in Memphis. According to the appellate opinion, Motley entered a Dollar General on October 3, 2021, and, after pretending to search for money, pulled a handgun wrapped in toilet paper. He demanded money, pointed the gun at the clerk’s face, and shot her. He then fled the scene with cigars and Halloween candy. The victim suffered life-altering injuries, including permanent breathing issues requiring a trache and oxygen tank, hearing loss, facial palsy, vertigo, and post-traumatic stress. Motley was arrested two days later after breaking into a vacant home. Mo...
Court upholds constitutionality of federal gun charges against Kentucky felon
Kentucky, Ohio

Court upholds constitutionality of federal gun charges against Kentucky felon

CINCINNATI, OH – The Sixth Circuit Court of Appeals affirmed the conviction and 57-month prison sentence of Dalton Samuel Brooks, rejecting his challenge that two federal firearm statutes violated the Second Amendment. Brooks pleaded guilty to being a felon in possession of a firearm under 18 U.S.C. § 922(g)(1) and possessing an unregistered short-barreled shotgun under 26 U.S.C. § 5861(d). He preserved the right to appeal the denial of his motion to dismiss both charges on constitutional grounds. The court held that § 922(g)(1) is constitutional both facially and as applied to Brooks. Citing United States v. Williams, the court found that Brooks’s prior convictions for assault and drug trafficking made him presumptively dangerous. He did not provide any evidence to rebut that pr...
Two arrested after drugs, firearms found in home with juvenile present near Smiths Grove
Kentucky

Two arrested after drugs, firearms found in home with juvenile present near Smiths Grove

WARREN COUNTY, KY – Deputies with the Warren County Sheriff’s Office arrested two individuals after a search warrant uncovered drugs and firearms at a residence on Will Bohannon Road. At approximately 11:50 a.m. on October 15, 2025, deputies responded to the home alongside the Department for Community Based Services (DCBS) following a report of drug use in the presence of a 15-year-old juvenile. A search warrant was obtained and executed at the residence. Deputies located 5.5 pounds of marijuana, methamphetamine, firearms, and drug paraphernalia. Matthew Watt, 45, and Teresa Inman, 50, both of Smiths Grove, were arrested and booked into the Warren County Regional Jail. The Smiths Grove Police Department and the Warren County Drug Task Force assisted in the investigation....