U.S. 6th Circuit Opinions (Published)

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UNITED STATES OF AMERICA, Plaintiff-Appellee, v. JEFFREY STOCK, Defendant-Appellant.	No. 10-5348

Appeal from the United States District Court
for the Eastern District of Tennessee at Greeneville.
No. 2:09-cr-46-1—J. Ronnie Greer, District Judge.
Decided and Filed: July 11, 2012
Before: KETHLEDGE and STRANCH, Circuit Judges; GWIN, District Judge.

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OPINION
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GWIN, District Judge. After failing to persuade the district court that the Sex Offender Registration and Notification Act violates the federal Constitution, Jeffrey Stock pleaded guilty to one count of failing to register as a sex offender. At sentencing, the district court set Stock’s Guidelines base offense level at sixteen, presuming that Stock had been required to register as a “Tier III offender.” See United States Sentencing Guidelines Manual (U.S.S.G.) § 2A3.5(a)(1) (2009); 42 U.S.C. § 16911(4). Stock’s base offense level—reduced by three levels for acceptance of responsibility and combined with Stock’s criminal-history category of VI—yielded an advisory Guidelines range of 33 to 41 months’ imprisonment. The district court sentenced Stock to 72 months’ imprisonment with lifetime supervised release.

Stock now appeals, renewing his constitutional challenges and arguing, among other things, that the district court both incorrectly calculated his Guidelines offense level and imposed a substantively unreasonable sentence. Because we conclude that the district court selected the wrong base offense level, we vacate Stock’s sentence and remand.

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UNITED STATES OF AMERICA, Plaintiff-Appellant, v. ROBERT LEE ARCHIBALD, JR., aka Chan; LOLETHIA MUSE; and DUANTEZ CORNELL JENKINS, Defendants-Appellees.	No. 11-5488

Appeal from the United States District Court
for the Middle District of Tennessee at Nashville.
No. 3:10-cr-64—Aleta Arthur Trauger, District Judge.
Argued: April 10, 2012
Decided and Filed: July 11, 2012
Before: BATCHELDER, Chief Judge; McKEAGUE, Circuit Judge; and QUIST, District Judge.

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OPINION
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ALICE M. BATCHELDER, Chief Judge. The government appeals the district court’s order suppressing evidence found as a result of a state-issued search warrant. Because we find that the search warrant was valid and the officers executed it in accordance with the Constitution, we REVERSE the district court’s suppression order.

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UNITED STATES OF AMERICA, Plaintiff-Appellee, v. C.T.H., aka L.T.E., Defendant-Appellant.	No. 10-1487

Appeal from the United States District Court
for the Eastern District of Michigan at Flint.
No. 10-20044-001—Sean F. Cox, District Judge.
Argued: January 11, 2012
Decided and Filed: July 11, 2012
Before: KETHLEDGE and STRANCH, Circuit Judges; GWIN, District Judge.

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OPINION
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KETHLEDGE, Circuit Judge. The defendant in this case, whom we refer to here as CTH, pled guilty in federal court to an act of juvenile delinquency in violation of 18 U.S.C. § 5032. The charged act was possession of heroin with intent to distribute it near a Speedway gas station in Flint, Michigan. CTH was 16 years old when arrested for that conduct. The district court held a dispositional (i.e., sentencing) hearing in which it found by a preponderance of the evidence that CTH was responsible for the distribution of 647 grams of heroin. The court then sentenced CTH to five years’ “official detention.” See generally 18 U.S.C. § 5037.

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The district court’s March 16, 2010 dispositional order is vacated, and the case remanded for further proceedings consistent with this opinion.

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JOHN DOE, Plaintiff-Appellant, v. THE SALVATION ARMY IN THE UNITED STATES; THE SALVATION ARMY EASTERN TERRITORY, Defendants, THE SALVATION ARMY, a New York Corporation, Defendant-Appellee, CHUCK, (Last Name Unknown), nka Chuck Snider, Defendant.	No. 11-3019

Appeal from the United States District Court
for the Southern District of Ohio at Columbus.
No. 2:05-cv-901—Elizabeth A. Preston Deavers, Magistrate Judge.
Argued: April 20, 2012
Decided and Filed: July 11, 2012
Before: MOORE, GIBBONS, and ALARCÓN, Circuit Judges.

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OPINION
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KAREN NELSON MOORE, Circuit Judge. John Doe (“Doe”) sued the Salvation Army for employment discrimination under § 504 of the Rehabilitation Act when one of its adult rehabilitation centers refused to hire him as a truck driver. The only issue on this appeal is whether Doe has satisfied the fourth element of a prima facie case under § 504 of the Rehabilitation Act, which requires a plaintiff to establish that the program or activity accused of discrimination is receiving federal financial assistance. The statutory definition of “program or activity” permits consideration of the whole organization if the organization is principally engaged in the business of providing social services. The district court granted summary judgment to the Salvation Army on the basis that it was a religious organization and therefore could not be principally engaged in the business of providing social services. Doe appeals. For the following reasons, we REVERSE the district court’s judgment and REMAND the case for further proceedings.