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UNITED STATES OF AMERICA, Plaintiff-Appellee, v. QUINCY DONELL BARTEE, Defendant-Appellant. |
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Appeal from the United States District Court
for the Western District of Michigan at Grand Rapids.
No. 06-00242—Richard A. Enslen, District Judge.
Argued: April 29, 2008
Decided and Filed: June 10, 2008
Before: GUY, SUHRHEINRICH, and COLE, Circuit Judges.
RALPH B. GUY, JR., Circuit Judge. Defendant Quincy Donell Bartee pleaded guilty to one count of being a felon in possession of a firearm and was sentenced to a 43-month term of imprisonment. The only issue on appeal is whether it was error to find that defendant’s prior felony conviction for attempted criminal sexual conduct in the second degree (CSC-2) constituted a “crime of violence” that would justify a base offense level of 22 rather than 20. UNITED STATES SENTENCING GUIDELINES MANUAL (USSG) § 2K2.1(a)(3) and (4) (2006). After review of the record, and in light of the recent decision in Begay v. United States, 128 S. Ct. 1581 (2008), we vacate defendant’s sentence and remand for resentencing consistent with this opinion.
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SHAUN LEARY, Plaintiff-Appellee, v. LIVINGSTON COUNTY et al., Defendants, SCOTT STONE and DENIS MCGUCKIN, Defendants-Appellants. |
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Appeal from the United States District Court
for the Eastern District of Michigan at Ann Arbor.
No. 03-60021—Marianne O. Battani, District Judge.
Argued: November 27, 2007
Decided and Filed: June 10, 2008
Before: CLAY, SUTTON, and McKEAGUE, Circuit Judges.
SUTTON, Circuit Judge. Not long after word spread at the Livingston County Jail that detainee Shaun Leary had been charged with raping a nine-year-old girl, several prisoners beat him up. At stake in this § 1983 action is, one, whether officer Scott Stone was deliberately indifferent to Leary’s safety needs and, two, whether officer Denis McGuckin used excessive force against Leary when he hit him on the back of his neck while walking him to his cell. As to Stone, we affirm the district court’s denial of qualified immunity; as to McGuckin, we reverse the district court’s denial of qualified immunity because the force used was de minimis.