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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
ROGER DALE ANDERSON,
Defendant-Appellant. |
No. 21-3073 |
Appeal from the United States District Court
for the Southern District of Ohio at Columbus.
No. 2:19-cr-00067-1—Algenon L. Marbley, District Judge.
Decided and Filed: April 17, 2023
Before: GIBBONS, WHITE, and READLER, Circuit Judges.
_________________________
OPINION
_________________________
PER CURIAM. Dr. Roger Anderson was convicted of one count of conspiracy to
distribute controlled substances, eight counts of unlawful distribution of controlled substances,
and one count of healthcare fraud after an eight-day jury trial. On appeal, he challenges the
sufficiency of the evidence supporting his convictions, the district court’s refusal to give a good
faith jury instruction, and the admission of the government’s expert’s testimony. For the reasons
that follow, we affirm. |
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
NIGEL MEDLIN,
Defendant-Appellant. |
No. 22-5099 |
Appeal from the United States District Court for the Eastern District of Kentucky at London.
No. 6:18-cr-00064-3—Claria Horn Boom, District Judge.
Argued: March 9, 2023
Decided and Filed: April 17, 2023
Before: SUHRHEINRICH, COLE, AND MURPHY, Circuit Judges.
_________________________
OPINION
_________________________
COLE, Circuit Judge. Nigel Medlin pleaded guilty to one count of kidnapping in
violation of 18 U.S.C. § 1201(a)(1). The district court imposed a sentence of 220 months’
imprisonment. Medlin appeals the sentence, arguing it is procedurally unreasonable for two
reasons. First, he argues that the court improperly applied a four-level enhancement to his
offense level pursuant to U.S.S.G. § 2A4.1(b)(2)(A), which applies “[i]f the victim sustained
permanent or life-threatening bodily injury[.]” Second, he claims that there is an unreasonable
disparity between his sentence and the sentences of his co-defendants. Because the district court
properly applied the sentencing guidelines and the 18 U.S.C. § 3553(a) factors, we affirm. |
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CURTIS KELLER,
Petitioner-Appellant,
v.
KEVIN GENOVESE, Warden,
Respondent-Appellee. |
No. 21-6037 |
Appeal from the United States District Court for the Western District of Tennessee at Memphis.
No. 2:18-cv-02542—Mark S. Norris Sr., District Judge.
Argued: March 8, 2023
Decided and Filed: April 17, 2023
Before: SUTTON, Chief Judge; SILER and MATHIS, Circuit Judges.
_________________________
OPINION
_________________________
MATHIS, Circuit Judge. Curtis Keller, currently serving a 210-year sentence after a jury
convicted him of numerous violent felonies, appeals the district court’s denial of his 28 U.S.C.
§ 2254 petition for a writ of habeas corpus. Keller seeks relief on a double-jeopardy claim. But
because Keller, by his own concession, procedurally defaulted his double-jeopardy claim by
failing to raise it before the state trial court in a motion for new trial, we affirm the denial of his
petition. |
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HUNTER DOSTER; JASON ANDERSON; MCKENNA
COLANTANIO; PAUL CLEMENT; JOE DILLS; BENJAMIN
LEIBY; BRETT MARTIN; CONNOR MCCORMICK; HEIDI
MOSHER; PETER NORRIS; PATRICK POTTINGER; ALEX
RAMSPERGER; BENJAMIN RINALDI; DOUGLAS RUYLE;
CHRISTOPHER SCHULDES; EDWARD STAPANON III;
ADAM THERIAULT; DANIEL REINEKE,
Plaintiffs-Appellees,
v.
FRANK KENDALL, in his official capacity as Secretary
of the Air Force; ROBERT I. MILLER, in his official
capacity as Surgeon General of the Air Force;
MARSHALL B. WEBB, in his official capacity as
Commander, Air Education and Training Command;
RICHARD W. SCOBEE, in his official capacity as
Commander, Air Force Reserve Command; JAMES C.
SLIFE, in his official capacity as Commander, Air
Force Special Operations Command; UNITED STATES
OF AMERICA,
Defendants-Appellants. |
Nos. 22-3497/3702 |
On Petition for Rehearing En Banc.
United States District Court for the Southern District of Ohio at Cincinnati.
No. 1:22-cv-00084—Matthew W. McFarland, District Judge.
Decided and Filed: April 17, 2023
Before: KETHLEDGE, BUSH, and MURPHY, Circuit Judges.
_________________________
ORDER
_________________________
The court received a petition for panel rehearing and for rehearing en banc. The petition
did not seek review of the issues that the panel’s opinion decided. Rather, it sought vacatur of the
opinion and of the district court’s preliminary injunctions on the ground that events postdating the
opinion have now mooted the appeal and the preliminary injunctions. The original panel has
reviewed the petition for panel rehearing and has concluded that the district court should review
this mootness question in the first instance. It has also concluded that, even if the preliminary
injunctions were now moot, that fact would not provide a basis for the “extraordinary remedy of
vacatur” of the panel’s opinion. U.S. Bancorp Mortg. Co. v. Bonner Mall P’ship, 513 U.S. 18, 26
(1994). The petition then was circulated to the full court. Less than a majority of the judges voted
in favor of rehearing en banc.
Therefore, the petition is denied. |
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