United States of Am., Plaintiff-Appellee v. William A. McKinley Defendant-Appellant/cross-Appellee, 227 F.3d 716 (6th Cir. 2000). · Go Syfert
United States of Am., Plaintiff-Appellee v. William A. McKinley Defendant-Appellant/cross-Appellee, 227 F.3d 716 (6th Cir. 2000). Cases Citing This Book View Copy Cite
“while the district court may: entertain any issues it feels are relevant to the overall sentencing decision (following a general remand), this does not give the parties license to re-assert issues that they should have raised during an earlier appeal.”
98 citation events (98 in the last 25 years) across 5 distinct courts.
Strongest positive: Branigh v. State / Branigh v. State (idahoctapp, 2023-12-08)
Treatment trajectory · 2004 → 2026 · click a year to view as-of
2004 2015 2026
Top citers, strongest first. 34 distinct citers.
discussed Cited as authority (verbatim quote) Branigh v. State / Branigh v. State
Idaho Ct. App. · 2023 · signal: accord · quote attribution · 1 verbatim quote · confidence high
hen a party fails to seek review of a district court's final order, it is barred from reasserting that issue in any subsequent appeals occurring in that case.
examined Cited as authority (verbatim quote) Winters v. United States
D.S.D. · 2019 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
while the district court may: entertain any issues it feels are relevant to the overall sentencing decision (following a general remand), this does not give the parties license to re-assert issues that they should have raised during an earlier appeal.
examined Cited as authority (verbatim quote) United States v. Franks (4×) also: Cited as authority (rule)
6th Cir. · 2006 · signal: see also · quote attribution · 2 verbatim quotes · confidence high
when a party fails to seek review of a district court's final order, it is barred from reasserting that issue in any subsequent appeals occurring in that case
examined Cited as authority (rule) United States v. Orlando Johnson (6×) also: Cited "see"
6th Cir. · 2023 · confidence medium
United States v. McKinley, 227 F.3d 716, 718 (6th Cir. 2000).
discussed Cited as authority (rule) United States v. Corey Lamont Lanier (2×)
6th Cir. · 2023 · confidence medium
But “when a party fails to seek review of a district court’s final order, it is barred from reasserting that issue in any subsequent appeals occurring in that case.” United States v. McKinley, 227 F.3d 716, 718 (6th Cir. 2000).
discussed Cited as authority (rule) Rudd v. Norton Shores, City of
W.D. Mich. · 2021 · confidence medium
“This doctrine exists for good reason—it discourages ‘perpetual litigation’ and promotes finality in proceedings by requiring that parties seek review of a claim in the first appeal.” Burley v. Gagacki, 834 F.3d 606, 619 (6th Cir. 2016) (quoting United States v. McKinley, 227 F.3d 716, 719 (6th Cir. 2000)).
discussed Cited as authority (rule) Abdulkadir Mohamed v. William P. Barr
6th Cir. · 2020 · confidence medium
“This doctrine exists for good reason—it discourages ‘perpetual litigation’ and promotes finality in proceedings by requiring that parties seek review of a claim in the first appeal.” Burley v. Gagacki, 834 F.3d 606, 619 (6th Cir. 2016) (quoting United States v. McKinley, 227 F.3d 716, 719 (6th Cir. 2000)).
discussed Cited as authority (rule) United States v. Isaac Knight
6th Cir. · 2020 · confidence medium
We have applied this doctrine to sentencing issues on remand for resentencing: “While the district court may entertain any issues it feels are relevant to the overall sentencing decision (following a general remand), this does not give the parties license to re-assert issues that they should have raised during an earlier appeal.” United States v. McKinley, 227 F.3d 716, 718 (6th Cir. 2000) (internal citation omitted).
discussed Cited as authority (rule) United States v. Samuel Mullet, Sr.
6th Cir. · 2016 · confidence medium
This approach is “well-settled,” United States v. Henry, 472 F.3d 910, 913 (D.C.Cir.2007) (per curiam), prevents “perpetual litigation,” United States v. McKinley, 227 F.3d 716, 719 (6th Cir.2000), and “encourage[s] compliance with fair and efficient procedure” — above all by encouraging defendants to raise all challenges to a conviction in one appeal, 18B Charles Alan Wright et al., Federal Practice & Procedure § 4478.6 (2d ed.2016).
discussed Cited as authority (rule) United States v. Cory Traxler (2×) also: Cited "see, e.g."
6th Cir. · 2013 · confidence medium
See, e.g., United States v. Wynn, 485 Fed.Appx. 766, 772 (6th Cir.2012) (“[I]n choosing to challenge in his original appeal only the classification of his conviction for sexual battery and not the classification of his conviction for assault on a peace officer, Wynn clearly waived his right to bring a subsequent challenge to the latter predicate conviction.”); United States v. Sedore, 512 F.3d 819, 827 (6th Cir.2008) (holding that the defendant waived any argument on remand that there was only one victim for sentencing-enhancement purposes where he did not raise this issue in his first app…
discussed Cited as authority (rule) United States v. Antonio Wynn (2×) also: Cited "see"
6th Cir. · 2012 · confidence medium
Under the “general rule that when a party fails to seek review of a district court’s final order, it is barred from reasserting that issue in any subsequent appeals occurring in that case,” this court has found that a party waived a claim “when it chose not to seek review ... during the original ... appellate proceeding.” United States v. McKinley, 227 F.3d 716, 718 (6th Cir.2000).
cited Cited as authority (rule) United States v. McFalls
6th Cir. · 2012 · confidence medium
United States v. McKinley, 227 F.3d 716, 718 (6th Cir. 2000).
discussed Cited as authority (rule) United States v. Ernesto Franco (2×) also: Cited "see"
6th Cir. · 2009 · confidence medium
But when a defendant seeks appellate review of an issue underlying a district court’s decision, he will not be permanently “barred from reasserting that issue in any subsequent appeals occurring in that case.” See United States *415 v. McKinley, 227 F.3d 716, 718 (6th Cir.2000).
cited Cited as authority (rule) United States v. Simpson
6th Cir. · 2008 · confidence medium
United States v. McKinley, 227 F.3d 716, 718 (6th Cir.2000).
cited Cited as authority (rule) United States v. Simpson
6th Cir. · 2008 · confidence medium
United States v. McKinley, 227 F.3d 716, 718 (6th Cir. 2000).
discussed Cited as authority (rule) United States v. Triana
6th Cir. · 2008 · confidence medium
United States v. McKinley, 227 F.3d 716, 718 (6th Cir.2000) (government forfeited an argument available, but unpursued, in the first appeal); see also United States v. Mitchell, 232 Fed.Appx. 513, 517 (6th Cir.2007) (failure to object to enhancement on Booker appeal barred defendant from further appeals on the issue); United States v. Franks, 203 Fed.Appx. 698, 702 (6th Cir.2006) (defendant’s failure to object to firearm enhancement in prior Booker appeal foreclosed raising it in a later appeal).
discussed Cited as authority (rule) United States v. Sedore (2×)
6th Cir. · 2008 · confidence medium
However, “when a party fails to seek review of a district court’s final order, it is barred from reasserting that issue in any subsequent appeals occurring in that case.” United States v. McKinley, 227 F.3d 716, 718 (6th Cir. 2000).
examined Cited as authority (rule) United States v. Sedore (4×)
6th Cir. · 2008 · confidence medium
However, “when a party fails to seek review of a district court’s final order, it is barred from reasserting that issue in any subsequent appeals occurring in that case.” United States v. McKinley, 227 F.3d 716, 718 (6th Cir.2000).
cited Cited as authority (rule) United States v. Ahmed Brika
6th Cir. · 2007 · confidence medium
Defendant may not reassert issues that he raised or should have raised in his earlier appeal.”) (citing United States v. McKinley, 227 F.3d 716, 718 (6th Cir.2000)).
cited Cited as authority (rule) United States v. Brika
6th Cir. · 2007 · confidence medium
Defendant may not reassert issues that he raised or should have raised in his earlier appeal.”) (citing United States v. McKinley, 227 F.3d 716, 718 (6th Cir. 2000)).
discussed Cited as authority (rule) United States v. Perry
6th Cir. · 2007 · confidence medium
Therefore, he has waived this claim. “[W]hen a party fails to seek review of a district court’s final order, it is barred from reasserting that issue in any subsequent appeals.” United States v. McKinley, 227 F.3d 716, 718 (6th Cir.2000).
discussed Cited as authority (rule) United States v. Procter (2×)
6th Cir. · 2007 · confidence medium
United States v. McKinley, 227 F.3d 716, 719 (6th Cir.2000) (holding defendant may not contest drug amount when upheld in prior appeal).
cited Cited as authority (rule) United States v. Sandlin
6th Cir. · 2004 · confidence medium
United States v. McKinley, 227 F.3d 716, 718 (6th Cir.2000) (citing cases).
discussed Cited as authority (rule) United States v. Chilingirian
6th Cir. · 2004 · confidence medium
Our circuit’s case law has identified “the general rule that when a party fails to seek review of a district court’s final order, it is barred from reasserting that issue in any subsequent appeals occurring in that case.” United States v. McKinley, 227 F.3d 716, 718 (6th Cir.2000).
cited Cited "see" United States v. Leron Liggins
6th Cir. · 2026 · signal: see · confidence high
See Pembrook, 79 F.4th at 729–37 (discussing United States v. McKinley, 227 F.3d 716 , 718–19 (6th Cir. 2000), and United States v. Adesida, 129 F.3d 846 , 849–50 (6th Cir. 1997)).
discussed Cited "see" United States v. Louis Amir
6th Cir. · 2016 · signal: see · confidence high
See United States v. McKinley, 227 F.3d 716, 718 (6th Cir.2000) (holding that a party waives a claim when it fails to seek review on initial appeal); United States v. Moore, 131 F.3d 595, 599 (6th Cir.1997) (limiting the district court and parties to issues presented in the limited remand instruction). 2 .
cited Cited "see" United States v. Travis King
6th Cir. · 2011 · signal: see · confidence high
See United States v. McKinley, 227 F.3d 716, 718 (6th Cir.2000). 2 .
discussed Cited "see" United States v. Parker
6th Cir. · 2009 · signal: see · confidence high
See United States v. McKinley, 227 F.3d 716, 718 (6th Cir.2000) (when a party fails to raise an argument that was “available to the [party] during the first appeal[,]” the party is “barred from reasserting that issue in any subsequent appeals occurring in that case”).
discussed Cited "see" United States v. Mitchell
6th Cir. · 2007 · signal: see · confidence high
See United States v. McKinley, 227 F.3d 716, 718 (6th Cir.2000) (explaining that “when a party fails to seek review of a district court’s final order, it is barred from reasserting that issue in any subsequent appeal[]”); United States v. Adesida, 129 F.3d 846, 850 (6th Cir.1997) (“A party who could have sought review of an issue or a ruling during a prior appeal is deemed to have waived the right to challenge that decision thereafter.”).
discussed Cited "see" United States v. Alcantara
6th Cir. · 2004 · signal: see · confidence high
See United States v. McKinley, 227 F.3d 716, 718 (6th Cir.2000) (noting that government waived efforts to raise defendant’s total offense level for possession of firearm during a drug crime when it failed to raise the issue during an earlier appeal, stating that “[wjhile the district court may entertain any issues it feels are relevant to the overall sentencing decision (following a general remand), this does not give the parties license to reassert issues they should have raised during an earlier appeal.”) (citing United States v. Hebeka, 89 F.3d 279, 284-85 (6th Cir.1996)).
discussed Cited "see, e.g." Geraldine Burley v. Jeffery Gagacki
6th Cir. · 2016 · signal: see also · confidence medium
Thus, “[a] party who could have sought review of an issue or a ruling during a prior appeal is deemed to have waived the right to challenge that decision thereafter, for ‘[i]t would be absurd that a party who has chosen not to argue .a point on a first appeal should stand better as regards the law of the case than one who had argued and lost.’ ” Id. (citation omitted); see also United States v. McKinley, 227 F.3d 716, 718 (6th Cir. 2000).
discussed Cited "see, e.g." Melvin Kindle v. City of Jeffersontown, KY
6th Cir. · 2014 · signal: see also · confidence medium
“A party who could have sought review of' an issue or a ruling during a prior appeal is deemed to have waived the right to challenge that decision thereafter,” because “[i]t would be absurd that a party who has chosen not to argue a point on a first appeal should stand better as regards the law of the case than one who had argued and lost.” Id. (internal quotation marks omitted); see also United States v. McKinley, 227 F.3d 716, 718 (6th Cir.2000) (“[T]he general rule [is] that when a party fails to seek review of a district court’s final order, it is barred from reasserting that i…
discussed Cited "see, e.g." United States v. Juan Lopez
6th Cir. · 2011 · signal: see also · confidence medium
“The law-of-the-case doctrine bars challenges to a decision made at a previous stage of the litigation which could have been challenged in a prior appeal, but were not.” United States v. Adesida, 129 F.3d 846, 850 (6th Cir.1997); see also United States v. McKinley, 227 F.3d 716, 718-19 (6th Cir.2000) (holding government waived argument for firearm enhancement by not raising it during the first appeal).
discussed Cited "see, e.g." United States v. Gibbs
6th Cir. · 2010 · signal: see also · confidence medium
Generally, the “law-of-the-case doctrine bars challenges to a decision made at a previous stage of the litigation which could have been challenged in a prior appeal, but were not.” United States v. Adesida, 129 F.3d 846, 850 (6th Cir.1997); see also United States v. McKinley, 227 F.3d 716, 718-19 (6th Cir.2000) (holding government waived argument for additional firearm enhancement by not raising it during the first appeal); United States v. Sedore, 512 F.3d 819, 827 (6th Cir.2008) (holding defendant waived opportunity to dispute admission as to number of victims by failing to raise it in t…
UNITED STATES of America, Plaintiff-Appellee/Cross-Appellant,
v.
William A. McKINLEY, Defendant-Appellant/Cross-Appellee
99-3354, 99-3487.
Court of Appeals for the Sixth Circuit.
Sep 27, 2000.
227 F.3d 716
William T. Doyle (briefed), Cleveland, Ohio, for Defendant-Appellant/Cross-Ap-pellee., Linda M. Betzer (briefed), Assistant United States Attorney, Cleveland, Ohio, for Plaintiff-Appellee/Cross-Appellant.
Bell, Gilman, Merritt.
Cited by 38 opinions  |  Published

OPINION

MERRITT, Circuit Judge.

Defendant William McKinley appeals the district court’s order sentencing him to 170 months of imprisonment, imposed following remand from this court’s judgment in United States v. Walker, 160 F.3d 1078 (6th Cir.1998), cert. denied sub. nom. McKinley v. U.S., 526 U.S. 1056, 119 S.Ct. 1368, 143 L.Ed.2d 528 (1999). Defendant claims that the district court improperly calculated the amount of cocaine and cocaine base (“crack”) for which he should be held responsible. The government cross-appeals the same sentencing order, arguing that the district court should have enhanced the defendant’s sentencing level by two points, pursuant to U.S.S.G. § 2D1.1(b)(1). We affirm the district court’s determination of the amount of cocaine and crack attributable to the defendant, as we did in our earlier decision in Walker. We also reject the government’s argument for a sentence enhancement as having been waived due to the government’s failure to pursue this claim during the earlier appeal of this case in Walker.

I.

In September 1994, defendant William McKinley and three co-defendants were convicted of conspiring to distribute cocaine and crack in the Youngstown, Ohio, area. McKinley was also convicted of possessing crack with intent to distribute and was assigned a total offense level of 38, and sentenced to 260 months of imprisonment. During the original sentencing proceeding, the government urged the district court to apply a two-point enhancement to the defendant’s sentence for possession of firearms during a drug crime, but the district court declined to do so. This court[*718] affirmed McKinley’s convictions in Walker, 160 F.3d at 1096, but vacated his sentence and remanded the case to the district court for resentencing. This order was based on our determination that McKinley did not play a leadership role in the conspiracy to distribute cocaine and crack, and therefore did not meet the requirements for a four-point sentence enhancement as set forth in U.S.S.G. § 3Bl.l(e). In reviewing this sentence, we specifically rejected McKinley’s argument that the district court erred in its determination of the amount of cocaine for which McKinley should be held responsible, as “McKinley [presented] absolutely no basis for reversal on this point.” Walker, 160 F.3d at 1090. As a result, the case was remanded for resen-tencing at a total offense level of 34.

The government chose not to appeal the district court’s decision regarding the sentence enhancement for possession of a firearm during a drug crime. As a result, we did not have notice that this question remained an issue and did not have an opportunity to dispose of this issue as part of the Walker appellate proceeding.

On remand, the parties raised two issues in addition to the “role-in-the-offense” enhancement that formed the basis for the remand order. McKinley reiterated his objection to the district court’s determination of the amount of cocaine and crack for which he was held responsible, but the district court adhered to its earlier determination of this question, which had been upheld by this court. The government in turn re-asserted its claim that the offense level should be increased by two points, to 36, as a result of McKinley’s possession of two firearms. The district court rejected this argument, as it had at McKinley’s original sentencing hearing. We reject both the defendant’s argument on the amount of drugs and the government’s belated firearms argument.

II.

The government urges us to review and reverse the district court’s decision not to raise the defendant’s total offense level for possessing firearms during a drug crime. We find, however, that the government waived this claim when it chose not to seek review of this decision during the original Walker appellate proceeding. Our decision on this issue is in accordance with the general rule that when a party fails to seek review of a district court’s final order, it is barred from reasserting that issue in any subsequent appeals occurring in that case. Crick v. Smith, 729 F.2d 1038, 1039-40 (6th Cir.1984), U.S. v. Blanton, 697 F.2d 146, 147-48 (6th Cir.1983). While the district court may entertain any issues it feels are relevant to the overall sentencing decision (following a general remand), Hebeka, 89 F.3d at 284-86 (6th Cir.1996), this does not give the parties license to re-assert issues that they should have raised during an earlier appeal. For example, in Hebe-ka, we allowed the government to seek review of an argument that it been unable to pursue during the initial appeal, but which became logically relevant in light of our decision and accompanying remand instruction. Id. As a result, the government did not “waive” the argument during the initial appeal because it was unable to pursue the claim during the first proceeding. That is not the case here, however, where the firearms enhancement argument was just as available to the government during the first appeal as it is in the current proceeding. As a result, we find that the government has waived this argument and is therefore precluded from asserting it at this later date.

This result is in accordance with the policy arguments behind the waiver doctrine. Had the government raised this issue in the initial Walker proceeding, we could have disposed of it accordingly. Instead, the government seeks review of this issue as this case appears before us for the second time. Were we to accept the government’s invitation to review the case and remand to the district court for further proceedings on the firearms enhancement[*719] issue, we would doubtless see this case for a third time when the losing party appealed the district court’s decision on this issue. The waiver doctrine exists to forestall this kind of perpetual litigation by notifying parties that they will forfeit their claims if they fail to seek review in the first appeal. Here the government failed to appeal the district court’s decision on the sentencing enhancement when the opportunity first presented itself and therefore relinquished its ability to gain review of the issue by this court.

III.

The district court’s decision regarding the amount of cocaine and crack attributable to the defendant is a factual determination and we therefore review it only for “clear error.” 18 U.S.C. § 3742, United States v. Bahhur, 200 F.3d 917, 924 (6th Cir.2000). In our previous examination of this issue, we found no basis for classifying the determination as “clear error,” or even any foundation for McKinley’s argument that the amount was incorrectly determined. Walker, 160 F.3d 1078, 1090 (McKinley’s argument is “factually spurious, as well as legally inconsequential”). In addition, we specifically rejected McKinley’s claim (which also forms the basis of his current appeal) that he was never a member of the “Ready Rock Boys” (the organization which conspired to sell cocaine and crack). Id. In this appeal, McKinley has presented no new arguments regarding the district court’s calculation and accordingly we see no reason to disturb either the district court’s most recent decision or our previous ruling. As a result, we hereby affirm the district court’s judgement concerning the amount of cocaine and cocaine base attributable to McKinley.

For the foregoing reasons, we hold that the district court did not commit clear error in calculating the amount of cocaine and cocaine base attributable to the defendant and that the government waived its appellate rights on the sentence enhancement issue by failing to seek review at the earliest opportunity. The district court’s decision is hereby affirmed.