SILER, Circuit Judge. Plaintiff Associated Industries of Kentucky (“AIK”) appeals the grant of summary judgment in favor of defendant United States Liability Insurance Group (“U.S. Liability”). AIK sought a declaratory judgment ruling that U.S. Liability had a duty to defend AIK against several lawsuits in state court and a duty to cover any liabilities that might arise from the lawsuits. The district court held that U.S. Liability had no duty to defend AIK from the lawsuits, which arose from the operation of AIK’s group self-insurance fund, AIK Comp. A contractual provision stated that U.S. Liability had no duty to defend AIK against lawsuits arising out of the operation of “any insurance plan or program.” We agree with the district court that AIK Comp is an insurance program covered by the contractual exclusion provision and that U.S. Liability does not have a duty to defend AIK from the lawsuits in state court. Therefore, we AFFIRM.

R. GUY COLE, JR., Circuit Judge. Following a notice-and-comment rulemaking procedure, the Federal Communications Commission (“FCC,” “Commission,” or “the agency”) released an order (“the Order”) adopting rules interpreting and implementing section 621(a)(1) of the Communications Act of 1934 (“the Act”), 47 U.S.C. § 541(a)(1), which prohibits local franchising authorities from “unreasonably refus[ing] to award” competitive cable franchises. The FCC released the Order on March 5, 2007 on the basis of record evidence that the operation of the local franchising process was unreasonably impeding competitive entry into the cable television market. A summary of the Order was subsequently published in the Federal Register on March 21, 2007.

Petitioners and intervenors, consisting primarily of various local franchising authorities (“LFAs”), their representative organizations, and the incumbent cable industry’s trade association, request us to reverse the FCC’s decision and declare the Order void in its entirety, asserting that the FCC lacks the requisite authority to promulgate the Order and, in the alternative, that the FCC’s interpretation is not entitled to deference and is arbitrary and capricious. For the following reasons, we find that the FCC acted well within its statutorily delineated authority in enacting the Order and that there exists sufficient record evidence to indicate that the FCC did not engage in arbitrary-and-capricious rulemaking activity. Accordingly, we DENY the petitions for review.

McKEAGUE, Circuit Judge. Defendant-appellant appeals from a judgment sentencing him to a prison term of twelve months and a day, followed by three years of supervised release. Appellant contends the district court erred by granting the government’s motion to strike its amended judgment of sentence, under which he had been sentenced to probation only. In addition, appellant contends the reinstated original sentence is procedurally and substantively unreasonable. Finding that the district court did not err by striking the amended judgment and that the sentence ultimately imposed is not unreasonable, we affirm the judgment of the district court.

ROGERS, Circuit Judge. Defendant police officers bring this interlocutory appeal from the district court’s denial of their motion for summary judgment on grounds of qualified immunity. Plaintiffs, Thomas Kirby’s widow and estate, filed this § 1983 excessive force action after defendants fatally shot Kirby as he tried to flee a traffic stop. Because it was clearly established at the time of the shooting that deadly force could not be used against a non-dangerous fleeing felon, qualified immunity was properly denied on the facts as presented in this case.

ROGERS, Circuit Judge. Arone McConer appeals his criminal conviction and sentence. McConer and a handful of other individuals were present at 4062 Lawrence Street in Detroit, Michigan, when the apartment was raided by police. Narcotics and weapons were found in the apartment, and McConer was charged in state court with possession with intent to deliver both cocaine and marijuana, felon in possession of a firearm, and habitual felony firearm. The State informed him that if he pled guilty as charged, his case would not be referred for federal prosecution. McConer did not plead guilty, however, and the State dismissed its case when a criminal complaint was filed against McConer by the federal government. On this appeal from his federal conviction, McConer argues that the district court misinterpreted its authority to remedy the errors McConer perceived in his state proceedings; that his statements to one of the police officers were introduced in violation of Miranda; that his right to a fair trial was violated by the introduction of prejudicial evidence in violation of the district court’s exclusion orders; and that his sentence is procedurally and substantively unreasonable. Because reversal is not warranted by any of McConer’s arguments, we affirm his conviction. The district court misstated its sentencing standard, however, and we vacate McConer’s sentence and remand for resentencing under the proper standard.