Summary Judgment Against EEOC Affirmed, and Criminal Matter
In US v. Loaiza-Sanchez, No. 09-2999, the court affirmed defendants' sentence for conspiring to distribute, and possessing with intent to distribute a substantial quantity of methamphetamine, holding that 1) a person's legal status as a deportable alien is not synonymous with national origin; and 2) the district court considered defendant's arguments for a downward variance but appropriately exercised its discretion in rejecting them.
In EEOC v. Con-Way Freight, Inc., No. 09-2926, an action by the EEOC claiming that defendant failed to hire a prospective employee because of her race in violation of Title VII, the court affirmed summary judgment for defendant where plaintiff's evidence was insufficient to allow a reasonable jury to infer that defendant did not have a policy of automatically disqualifying applicants with theft-related convictions, and a reasonable jury would conclude that such a policy existed.