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ALLSTATES REFRACTORY CONTRACTORS, LLC,
Plaintiff-Appellant,
v.
JULIE A. SU, in her official capacity as Acting Secretary of Labor, U.S. Department of Labor; DOUGLAS L. PARKER, in his official capacity as Assistant Secretary of Labor for Occupational Safety and Health; OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION, U.S. DEPARTMENT OF LABOR; UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO,
Defendants-Appellees.
   No. 22-3772
Appeal from the United States District Court for the Northern District of Ohio at Toledo.
No. 3:21-cv-01864—Jack Zouhary, District Judge.
Argued: April 27, 2023
Decided and Filed: August 23, 2023
Before: COOK, GRIFFIN, and NALBANDIAN, Circuit Judges.


_________________________
OPINION
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More than fifty years ago, Congress passed, and President Nixon signed into law, the Occupational Safety and Health (OSH) Act, 29 U.S.C. § 651 et seq. Throughout the next half century, challenges to the constitutionality of the Act have been uniformly rejected. See Nat’l Mar. Safety Ass’n v. Occupational Safety & Health Admin., 649 F.3d 743 (D.C. Cir. 2011), cert. denied, 566 U.S. 936 (2012); Blocksom & Co. v. Marshall, 582 F.2d 1122 (7th Cir. 1978).

This case presents the same simple but poignant challenge: whether Congress’s delegation to the Occupational Safety and Health Administration (OSHA) to set workplace-safety standards is constitutional. Plaintiff Allstates Refractory Contractors, a general contractor subject to OSHA’s oversight, challenges OSHA’s authority to set “reasonably necessary or appropriate” workplace-safety standards, 29 U.S.C. §§ 652(8), 655(b), as a violation of the nondelegation doctrine. The district court concluded that the delegation provided an “intelligible principle” and thus rejected Allstates’s challenge. We agree and now join our sister circuits in holding OSHA’s delegation to be constitutional.



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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
DAJA DON-KEVIA SMITH (22-1506); DAVONTE RAYSHAD HOSKINS (22-1552),
Defendants-Appellants.
   Nos. 22-1506/1552
Appeal from the United States District Court
for the Western District of Michigan at Grand Rapids.
No. 1:21-cr-00020—Paul Lewis Maloney, District Judge.
Decided and Filed: August 23, 2023
Before: BATCHELDER, COLE, and NALBANDIAN, Circuit Judges.


_________________________
OPINION
_________________________

ALICE M. BATCHELDER, Circuit Judge. Daja Smith and Davonte Hoskins were co-conspirators in a large bank-fraud scheme, in which they called the victims, pretending to be from their bank, gained access to the victims’ accounts, and stole their money. Both pleaded guilty to conspiracy to commit bank fraud and aggravated identity theft, and both appealed, arguing that their sentences are procedurally unreasonable. We affirm.