US v. Webb, 09-5719, concerned a challenge to the district court’s imposition of an above-Guidelines sentence of 37 months’ imprisonment, in a prosecution of defendant for producing counterfeit bills and using the bills to purchase merchandise at several businesses.  In affirming, the court held that the district court did not clearly err in refusing to apply the Application Note 4 exception for bills that are so obviously counterfeit that they are unlikely to be accepted even if subjected to only minimal scrutiny.  Also, the record reflects that the district court carefully considered many of the section 3553(a) sentencing factors, gave appropriate weight to the most relevant factors, and ultimately reached a reasoned conclusion.

Szekeres v. CSX Transp. Inc., 09-3835, involved a plaintiff’s action against his employer under the Federal Employers’ Liability Act (FELA) and the Locomotive Inspection Act (LIA).  In reversing the district court’s grant of summary judgment in favor of the defendant, the court held that the district court improperly granted summary judgment on plaintiff’s LLA and C.F.R. claim as he provided sufficient evidence to survive summary judgment on the issue of whether the toilet facility was sanitary and there was a direct tie between his inability to use the onboard toilet facility and his accident.  Also, the plaintiff presented sufficient evidence of plaintiff’s constructive notice of the muddy conditions surrounding the switch to survive summary judgment.

Related Resources:

  • Full text of US v. Webb, 09-5719
  • Full text of US v. Corsmeier, 08-3668
  • Full text of Szekeres v. CSX Transp. Inc., 09-3835

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