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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.


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OPINION
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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.


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OPINION
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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.


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OPINION
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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.