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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
CALVIN EARL MCREYNOLDS, JR.,
Defendant-Appellant.
   No. 21-1521
Appeal from the United States District Court for the Eastern District of Michigan at Bay City.
No. 1:16-cr-20677-15—Thomas L. Ludington, District Judge.
Argued: February 9, 2023
Decided and Filed: May 31, 2023
Before: CLAY, GRIFFIN and STRANCH, Circuit Judges.


_________________________
OPINION
_________________________

CLAY, Circuit Judge. For the second time, Defendant Calvin E. McReynolds Jr., appeals his sentence for his 2017 conviction for conspiring to distribute and to possess with intent to distribute a controlled substance, in violation of 21 U.S.C. §§ 841(a)(1) and 846. In his first appeal, McReynolds argued that the district court erred in attributing to him a quantity of drugs substantially higher than the quantity of drugs that the jury attributed to him. This Court vacated McReynolds’ sentence and remanded the case for resentencing. On remand, the district court attributed the same quantity of drugs to McReynolds as it had at the first sentencing. McReynolds now appeals the district court’s resentencing. For the reasons that follow, we VACATE McReynolds’ sentence and REMAND for resentencing in accordance with this opinion.



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PATRICIA MACINTOSH,
Plaintiff-Appellee,
v.
RON CLOUS, Grand Traverse County Commissioner, in his individual capacity,
Defendant-Appellant.
   No. 22-1015
Appeal from the United States District Court
for the Western District of Michigan at Grand Rapids.
No. 1:21-cv-00309—Phillip J. Green, Magistrate Judge.
Argued: October 20, 2022
Decided and Filed: May 31, 2023
Before: SUTTON, Chief Judge; STRANCH and DAVIS, Circuit Judges.


_________________________
OPINION
_________________________

JANE B. STRANCH, Circuit Judge. During the public comment period in a Zoom meeting of the Grand Traverse County Commission, Patricia MacIntosh expressed her concern about the Commission’s prior invitation to and endorsement of the Proud Boys, a group that has been designated an extremist group and a hate group. She requested that the Commissioners make a public statement condemning the group’s violent behavior. In response, Commissioner Ron Clous produced a high-powered rifle and displayed it to MacIntosh and the viewing audience. MacIntosh sued Clous and the County, alleging that Clous unconstitutionally retaliated against her for exercising her First Amendment rights and that the County had an unconstitutional policy or practice of allowing this kind of First Amendment retaliation. Defendant Clous appeals the district court’s denial of his motion to dismiss based on qualified immunity. Because MacIntosh plausibly alleged that Clous violated MacIntosh’s free speech rights and Sixth Circuit caselaw put him on clear notice that his actions were unconstitutional, we affirm the denial of Clous’s motion to dismiss.