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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
DAVID E. MCCALL, JR.,
Defendant-Appellant.
   No. 21-3400
On Petition for Rehearing En Banc.
United States District Court for the Northern District of Ohio at Cleveland.
No. 1:13-cr-00345-41—Christopher A. Boyko, District Judge.
Decided and Filed: April 1, 2022
Before: SUTTON, Chief Judge; MOORE, COLE, CLAY, GIBBONS, GRIFFIN,
KETHLEDGE, WHITE, STRANCH, DONALD, THAPAR, BUSH, LARSEN,
NALBANDIAN, READLER, and MURPHY, Circuit Judges.


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ORDER
_________________________

A majority of the Judges of this Court in regular active service has voted for rehearing en banc of this case. Sixth Circuit Rule 35(b) provides as follows:

The effect of the granting of a hearing en banc shall be to vacate the previous opinion and judgment of this court, to stay the mandate and to restore the case on the docket sheet as a pending appeal.

Accordingly, it is ORDERED, that the previous decision and judgment of this court are vacated, the mandate is stayed and this case is restored to the docket as a pending appeal.

The Clerk will direct the parties to file supplemental briefs and will schedule this case for oral argument as soon as possible.



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IN RE: STEVEN P. MCDONALD,
Debtor.
___________________________________________

ANDREW R. VARA, U.S. Trustee for Region 9,
Plaintiff-Appellee,
v.
STEVEN P. MCDONALD,
Defendant-Appellant.
   No. 21-3678
Appeal from the United States District Court for the Northern District of Ohio at Akron;
No. 5:20-cv-01209—Sara E. Lioi, District Judge.
United States Bankruptcy Court for the Northern District of Ohio at Akron;
Nos. 5:15-bk-52629; 5:16-ap-05039—Alan M. Koschik, Judge.
Decided and Filed: April 1, 2022
Before: McKEAGUE, STRANCH, and BUSH, Circuit Judges.


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OPINION
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JOHN K. BUSH, Circuit Judge. Steven P. McDonald filed for individual Chapter 7 bankruptcy in late 2015. As part of those proceedings, the United States Trustee filed a complaint seeking denial of McDonald’s discharge of his debts. The Trustee argued that 11 U.S.C. § 727(a)(5) prevented discharge of those debts because McDonald had failed to satisfactorily explain the dissipation of many of his assets. The bankruptcy court agreed and granted summary judgment to the Trustee in part. The district court affirmed the bankruptcy court’s decision. We affirm as well.



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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
NICHOLAS NUNLEY,
Defendant-Appellant.
   No. 21-5471
Appeal from the United States District Court
for the Eastern District of Tennessee at Chattanooga.
No. 1:19-cr-00122-1—Travis Randall McDonough, District Judge.
Decided and Filed: April 1, 2022
Before: GILMAN, STRANCH, and NALBANDIAN, Circuit Judges.


_________________________
OPINION
_________________________

RONALD LEE GILMAN, Circuit Judge. Nicholas Nunley pleaded guilty to one count of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1), and was sentenced to 112 months in prison. He now challenges both the procedural and substantive reasonableness of his below-Guidelines sentence. For the reasons set forth below, we AFFIRM the judgment of the district court.