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NATIONAL WILDLIFE FEDERATION,
Plaintiff-Appellee,
v.
SECRETARY OF THE UNITED STATES DEPARTMENT OF TRANSPORTATION; ADMINISTRATOR OF THE PIPELINE & HAZARDOUS MATERIALS SAFETY ADMINISTRATION, in their official capacities (19-1609),
Defendants-Appellants,

ENBRIDGE ENERGY, LIMITED PARTNERSHIP (19-1610),
Intervening Defendant-Appellant.
   Nos. 19-1609/1610
Appeal from the United States District Court
for the Eastern District of Michigan at Detroit.
No. 2:17-cv-10031—Mark A. Goldsmith, District Judge.
Argued: April 9, 2020
Decided and Filed: June 5, 2020
Before: MERRITT, THAPAR, and LARSEN, Circuit Judges.


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OPINION
_________________________

THAPAR, Circuit Judge. Discretion and judgment are not the same thing. The question here is whether an agency has discretion to consider environmental criteria not listed in a statute simply because the agency exercises some degree of judgment when it considers the statutory criteria. The district court thought that to be so and ordered the agency to comply with the Endangered Species Act and National Environmental Policy Act. We see things differently and reverse.



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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
DENNIS A. SMITH,
Defendant-Appellant.
   No. 19-3236
Appeal from the United States District Court
for the Northern District of Ohio at Cleveland.
No. 1:18-cr-00370-1—John R. Adams, District Judge.
Decided and Filed: June 5, 2020
Before: BOGGS, GRIFFIN, and READLER, Circuit Judges.


_________________________
OPINION
_________________________

CHAD A. READLER, Circuit Judge. Dennis Smith was sentenced to 150 months in prison for distributing a controlled substance. On appeal, Smith argues that his sentence was flawed in two respects: one, that the First Step Act should have been applied to his sentence and two, that his prior state drug-trafficking conviction was not a predicate offense for purposes of the Sentencing Guidelines. Seeing no error in the district court’s judgment, we AFFIRM.