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The Sixth Circuit denied petitions for review, affirming that Arch Resources remains liable for black lung benefits accrued while it self-insured its subsidiary Apogee. The court held that the parties' arguments were identical to those rejected in a prior published decision, which binds the panel and precludes relief.
The Fourth Circuit affirmed the denial of a federal prisoner's habeas petition challenging the revocation of good conduct time credits. The court held that while due process requires a written report of evidence following a disciplinary hearing, federal law imposes no specific deadline for its issuance.
The Fourth Circuit affirmed the denial of Bernard Celestine's motions for sentence reduction and compassionate release while dismissing his appeal regarding a successive habeas claim. The court held that Celestine failed to challenge the procedural dismissal of his § 2255 motion in his informal brief, thereby failing to demonstrate the requisite substantial showing of a constitutional right denial.
The Ninth Circuit affirmed a bankruptcy court ruling that Clearcom, Inc. breached its contractual obligations to access the Paniolo Cable Company's undersea infrastructure. The court held that Clearcom failed to meet its burden of proving that the Master Services Agreement and Emergency Service Order were no longer in effect when it issued a settlement guarantee.
The Eleventh Circuit summarily affirmed Joshua York's 270-month sentence, ruling that his prior Georgia methamphetamine convictions qualify as controlled substance offenses under the Sentencing Guidelines. The court held that its prior decision in United States v. Kennedy forecloses York's challenge regarding the definition of controlled substances.
The Sixth Circuit denies petitions for review, affirming that Arch Resources remains liable for black lung benefits under the Black Lung Benefits Act despite selling its subsidiary in 2005. The court holds that its prior decision in *Apogee Coal Co. v. Director, OWCP (Howard)* binds the outcome, rejecting identical arguments regarding successor liability.
The Fourth Circuit affirmed the denial of Juan Zapata's habeas petition challenging the revocation of his good conduct time. The court held that the prison's disciplinary finding of constructive possession was supported by the required 'some evidence' standard.
The Fourth Circuit affirmed a 78-month prison sentence for a convicted felon found in possession of a firearm, ruling that the district court did not abuse its discretion. The court held that the defendant failed to rebut the presumption of reasonableness for a within-Guidelines sentence despite arguments regarding his delayed brain development and rehabilitation efforts.
The Ninth Circuit affirmed a bankruptcy court's grant of partial summary judgment against Clearcom, Inc. for breach of contract and unjust enrichment regarding the Paniolo Cable Company infrastructure. The court held that sufficient evidence supported the Trustee's claim that the Master Services Agreement and Emergency Service Order remained active when Clearcom failed to pay.
The Eleventh Circuit affirmed Wilber Vigil-Benitez's conviction for murder in aid of racketeering, ruling that the district court's jury instructions on motive and participation were legally correct. The court held that the defendant waived his challenge to the motive instruction by expressly accepting it and that the refusal to give a separate "mere presence" instruction was proper because the aiding-and-abetting charge already covered the defense theory.
