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STERLING HOTELS, LLC,
Plaintiff-Appellee,
v.
SCOTT MCKAY,
Defendant-Appellant. |
No. 22-1345 |
Appeal from the United States District Court for the Eastern District of Michigan at Flint.
No. 5:20-cv-10452—Stephanie Dawkins Davis, District Judge.
Argued: April 27, 2023
Decided and Filed: June 22, 2023
Before: KETHLEDGE, WHITE, and STRANCH, Circuit Judges.
_________________________
OPINION
_________________________
KETHLEDGE, Circuit Judge. Sterling Hotels sued a state elevator inspector, Scott
McKay, asserting several claims under 42 U.S.C. § 1983. McKay moved to dismiss, in part on
qualified-immunity grounds. The district court declined to address McKay’s entitlement to
immunity, and McKay appealed. We affirm in part and reverse in part. |
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
ANDREW DAMARR MORRIS,
Defendant-Appellant. |
No. 22-1970 |
Appeal from the United States District Court
for the Western District of Michigan at Grand Rapids.
No. 1:07-cr-00193-1—Janet T. Neff, District Judge.
Decided and Filed: June 22, 2023
Before: MOORE, McKEAGUE, and MATHIS, Circuit Judges.
_________________________
OPINION
_________________________
MATHIS, Circuit Judge. This is the second time this case comes before us. The district
court previously found Andrew Morris guilty of twelve supervised-release violations and
sentenced him to a below-Guidelines sentence of 48 months’ imprisonment. He appealed, and
we vacated the sentence and remanded the case to the district court for resentencing in light of
Borden v. United States, 141 S. Ct. 1817 (2021). On remand, the district court sentenced Morris
to the same sentence of 48 months’ imprisonment, even though that sentence now exceeds the
high end of the advisory Guidelines range by 21 months. Morris appeals again, arguing that his
sentence is procedurally and substantively unreasonable. For the reasons that follow, we vacate
Morris’s sentence and remand to the district court for resentencing. |
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TERRANCE C. KIMBROUGH,
Petitioner-Appellant,
v.
UNITED STATES OF AMERICA,
Respondent-Appellee. |
No. 21-6208 |
Appeal from the United States District Court for the Middle District of Tennessee at Nashville.
Nos. 3:15-cr-00147-7; 3:16-cr-00142-3; 3:19-cv-01006;
Waverly D. Crenshaw, Jr., Chief District Judge.
Argued: June 14, 2023
Decided and Filed: June 22, 2023
Before: SUTTON, Chief Judge; LARSEN and MURPHY, Circuit Judges.
_________________________
OPINION
_________________________
SUTTON, Chief Judge. Terrance Kimbrough murdered a rival drug dealer. When he
learned that a witness might cooperate with law enforcement, Kimbrough murdered him too.
Federal charges followed. His lawyers negotiated a plea deal under which the government
would drop many of the charges and he would serve 480 to 520 months in prison. Kimbrough
agreed to the plea deal, and the district court imposed a 504-month sentence. Kimbrough had
second thoughts. He moved to vacate his sentence, claiming that his counsel provided
constitutionally ineffective assistance in advising him to accept the plea deal. The district court
rejected this contention. So do we. |
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