Dennis W. Shedd
How Judge Shedd rules, drawn from 46 signed orders. Every observation links to the order it came from.
Judge Shedd no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Shedd decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He ends the interpretive inquiry at the statutory text when the language is plain and the broader scheme is coherent and consistent.
“if the language is plain and the statutory scheme is coherent and consistent, we need not inquire further.”
Although he applies deferential review, he will grant relief when the applicant's evidence remains unrefuted and compels the legal conclusion that the governing standard is met.
“remains unrefuted and compels the conclusion in this case that as a matter of law, she has met her burden of showing that the authorities are unwilling and unable to protect her against the threats she received.”
On federal habeas review, he gives state-court decisions the benefit of the doubt under the governing highly deferential standard.
“highly deferential standard for evaluating state-court rulings, which demands that state-court decisions be given the benefit of the doubt.”
Procedural preferences
For assumed sentencing error, he asks whether the district court would reach the same result under the alternative calculation and whether that sentence would remain reasonable.
“To apply this ‘assumed error harmlessness inquiry’ we require ‘(1) knowledge that the district court would have reached the same result even if it had decided the guidelines issue the other way and (2) a determination that the sentence would be reasonable even if the guidelines issue had been decided in the defendant’s favor.’”
He treats jurisdiction as a threshold requirement and dismisses when neither adjudication nor transfer is authorized in the interests of justice.
“Because we lack jurisdiction over Ashton’s petition, and because transfer to an appropriate district court is not in the interests of justice, we dismiss.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Accordingly, the decision of the Benefits Review Board is AFFIRMED.”
“For all of these reasons, the petition for review is hereby DENIED.”
“We reverse the district court’s grant of summary judgment in favor of Staples and remand for further proceedings.”
“Based on the foregoing, we affirm the district court's orders unsealing Exhibits E, F, G, H, I, M, N, O, R, and T, and we remand this case to the district court for further consideration of whether Exhibits C, P, Q, and S should be unsealed.”
“AFFIRMED IN PART, VACATED IN PART, AND REMANDED”
“For the foregoing reasons, the judgment of the district court is reversed, and we remand for further proceedings consistent with this opinion. REVERSED AND REMANDED.”
“Because Evans has failed to establish that the district court imposed a sentence that exceeded the maximum authorized by the facts that he admitted, we affirm his sentence.”
“Accordingly, the rule is not available for post-conviction relief for federal prisoners, like Morris, whose convictions became final before Booker (or Blakely) was decided. Accordingly, we affirm the district court’s order denying Morris relief.”
“Based on the foregoing, we vacate the district court’s order denying Tou’s motion for summary judgment and remand this case for further proceedings consistent with this opinion.”
“Accordingly, we reverse the judgment of the district court and remand for further proceedings consistent with this opinion. REVERSED AND REMANDED.”
“For the foregoing reasons, we grant Bockou Essohou’s petition for review, vacate the Board’s decision, and remand for further proceedings consistent with this opinion.”
“In sum, as Bader has established, pursuant to the Hague Convention and ICARA, that C.J.B. was wrongfully removed from Germany and as no defense precludes her return, C.J.B. must be promptly returned to Germany. Accordingly, the judgment of the district court is AFFIRMED.”
A historical record
Judge Shedd no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.