Edward Earl Carnes

He rejects measuring an ACCA predicate against the federal drug schedules in force at the later federal sentencing when precedent makes the schedules at the time of the state offense controlling.

“To get around that problem, Carter wants us to consider only the federal schedules in effect at the time he was sentenced for his § 922(g) felon-in-possession offense in 2023. We can’t.”

At the pleading stage he treats allegations of more than 500 substantially similar dunning notices as enough to support a reasonable inference that a law firm regularly collects debts.

“The complaint contains enough factual content to allow a reasonable inference that the Ellis law firm is a ‘debt collector’ because it regularly attempts to collect debts.”

In ineffective-assistance analysis he evaluates counsel’s performance objectively, asking whether any reasonable lawyer could have made the choice rather than whether actual counsel had that subjective rationale.

“The relevant question under Strickland's performance prong, which calls for an objective inquiry, is whether any reasonable lawyer could have elected not to object for strategic or tactical reasons, even if the actual defense counsel was not subjectively motivated by those reasons.”

A passenger transporter does not become a motor carrier of property under the federal preemption statute merely because it carries passengers’ property as an ancillary service.

“For these reasons, we conclude that because Kozak transports property only as an ancillary service to the transportation of passengers he is not a ‘[m]otor carrier of property’ under Section 14501(c).”

Factfinding damage investigators who produce the core service their employer sells were production employees rather than workers covered by the FLSA administrative exemption.

“OSP has failed to show that the FLSA's administrative exemption applies to Fowler and Swans. As a result, we VACATE the judgment of the district court”

An officer with authority and a reasonable opportunity to stop an ongoing jailer beating was not entitled to qualified immunity on a Fourth Amendment failure-to-intervene claim.

“Officer White is not entitled to summary judgment on the Fourth Amendment failure to intervene claim against him, and the district court's denial of summary judgment to him on that claim is AFFIRMED.”

In Guthrie, the court evaluated circumstantial evidence collectively and rejected the suggestion that a discrimination claim needed direct evidence to survive summary judgment.

“the con- vincing mosaic approach requires a convincing mosaic of evidence, not a convincing mosaic including some direct evidence of race dis- crimination.”