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Memorandum Opinion And Order
Pending before the court is Defendant's Motion to Reopen Detention Hearing, [ECF No. 38]. The Government responded, [ECF No. 43], and the court held a hearing on the motion. After carefully reviewing the parties' arguments, the Defendant's motion is GRANTED.
Memorandum Opinion And Order
This case is simple and all too familiar. For years, Defendant Chemours Company has discharged pollutants into the Ohio River. The level of discharge far exceeds the legal limits that bind Chemours. Those pollutants endanger the environment, aquatic life, and human health. Today, that unlawful, unpermitted discharge stops.
Memorandum Opinion And Order
Pending is Defendant Kevin Legrand’s objection to the draft Presentence Investigation Report (“Report” or “PSR”). Mr. Legrand was scheduled for sentencing on October 4, 2024. [ECF 52]. The parties were directed to file cross-briefs respecting whether Mr. Legrand was entitled to a two-level downward adjustment under the statutory Safety Valve, 18 U.S.C. § 3553(f), and corresponding United States Sentencing Guidelines provision, U.S.S.G. § 2D1.1(b)(18). [ECF 52]. The parties filed their briefs on October 21, 2024. [ECF 53, 54]. Mr. Legrand responded to the Government’s brief on October 28, 2024. [ECF 55]. On January 16, 2025, the Court entered an order directing the parties to address the percolating circuit split regarding the interpretation of the word “offense” as used in 18 U.S.C. § 3553(f) and U.S.S.G. § 5C1.2(a)(2). [ECF 61]. Mr. Legrand filed an opening brief January 30, 2025. [ECF 62]. The Government responded February 18, 2025. [ECF 64]. Mr. Legrand replied February 20, 2025. [ECF 66].
Memorandum Opinion And Order
Pending is Defendant Jesse Robert Phillips’ objection to the Presentence Investigation Report (“PSR”). Mr. Phillips objects to the PSR’s computation of his criminal history points in Paragraphs 74 and 75 pursuant to U.S.S.G. § 4A1.2 and the resulting application of the career offender enhancement under § 4B1.1.
Memorandum Opinion and Order
Pending are Plaintiffs' Motion for Class Certification as to PrimeCare Defendants [ECF 1181], filed November 22, 2024, and Plaintiffs' Motion for Class Certification as to Wexford Defendants [ECF 1185], filed November 25, 2024. Defendants responded on December 23, 2024, [ECFs 1208, 1209], and Plaintiffs replied on December 30, 2024, [ECF 1211]. The matter is ready for adjudication.
Memorandum Opinion
Behind prison walls, abuse often goes unchecked. Not so in this case. Here, correctional officers killed Quantez Burks. In response, Defendant Chad Lester attempted to cover up the violence and directed their fabrication of reports to conceal correctional officers’ actions.
Memorandum Opinion
On December 19, 2022, before this court, Defendant Tytus Shields pled guilty to possessing a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2), as charged in Count One of the Indictment filed against him. [ECF No. 38]. On March 16, 2023, he was sentenced to a term of 51 months imprisonment to run consecutively with his state sentence, followed by a 3-year term of supervised release. [ECF No. 48].
Memorandum Opinion And Order
Pending is Defendant Mark T. Radcliffe's Motion to Reconsider [ECF 1345], filed on July 25, 2024. The Government filed no response in opposition. The matter is ready for adjudication.
MEMORANDUM OPINION AND ORDER
Pending is Defendant William Greg Newcomb’s Motion to Remand, or in the Alternative, to Dismiss for Lack of Subject-matter Jurisdiction [ECF 19], filed November 29, 2024. Plaintiff Danielle Sheppard responded in opposition on December 12, 2024. [ECF 21]. Mr. Newcomb did not reply. Also pending is Mr. Newcomb’s Motion to Stay Discovery [ECF 25], filed April 8, 2025, to which Ms. Sheppard responded in opposition on April 13, 2025, [ECF 26]. The matters are ready for adjudication.
Memorandum Opinion And Order
Pending are Defendant Jamaa I. Johnson’s Motion for Appointment of Counsel [ECF 1093], filed December 3, 2024, and Motion for Compassionate Release [ECF 1094], filed February 7, 2025. The United States responded to the Motion for Compassionate Release on February 24, 2025 [ECF 1097]. The matters are ready for adjudication.