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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
STEVEN D. FLOWERS,
Defendant-Appellant. |
No. 19-3742 |
Appeal from the United States District Court
for the Northern District of Ohio at Cleveland.
No. 1:04-cr-00223-1—Donald C. Nugent, District Judge.
Decided and Filed: June 23, 2020
Before: CLAY, COOK, and WHITE, Circuit Judges.
_________________________
OPINION
_________________________
CLAY, Circuit Judge. Defendant Steven Flowers appeals from the district court’s denial
of a motion to reduce his sentence under the First Step Act of 2018, Pub. L. No. 115-391, § 404,
132 Stat. 5194, 5222. Flowers argues that the district court erred by suggesting that he was
ineligible for a reduction because his guidelines range did not change since his original
sentencing, even though the First Step Act only concerns statutory sentencing ranges. The
district court’s opinion is somewhat unclear on this point, but even if it did consider Flowers
ineligible, that error was harmless because the court went on to deny his motion on the merits.
On that point, Flowers says the court abused its discretion by failing to consider or give
appropriate weight to a variety of factors when it declined to reduce his sentence. But the record
reflects that the district court did consider Flowers’ arguments and did not abuse its broad
discretion in rejecting them. We therefore affirm the denial of Flowers’ motion. |
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ROMELL BROOM,
Petitioner-Appellant,
v.
TIM SHOOP, Warden,
Respondent-Appellee. |
No. 19-3356 |
Appeal from the United States District Court
for the Northern District of Ohio at Cleveland.
No. 1:10-cv-02058—Christopher A. Boyko, District Judge.
Argued: April 7, 2020
Decided and Filed: June 23, 2020
Before: BATCHELDER, MOORE, and GIBBONS, Circuit Judges.
_________________________
OPINION
_________________________
KAREN NELSON MOORE, Circuit Judge. In an infamous September 2009 incident,
the state of Ohio tried to execute death-row inmate Rommel Broom, and failed. More
specifically, the state tried to execute Broom by way of lethal injection, but was forced to
abandon the effort when the execution team concluded—two hours into the process—that it
could not maintain a viable IV connection to Broom’s veins. The state then returned Broom to
his cell, to await a second execution attempt on another day. That second execution attempt has
not yet happened, however, because the parties have spent the last eleven years litigating whether
the U.S. Constitution bars Ohio from ever trying to execute Broom again—Broom relies on both
the Eighth Amendment’s prohibition on “cruel and unusual” punishment and the Fifth
Amendment’s prohibition on “double jeopardy.” The state courts, including the Ohio Supreme
Court, have rejected Broom’s contentions on the merits, as did the district court below on habeas
review. Broom’s case now comes before us.
We in no way condone Ohio’s treatment of Broom; that it took two hours of stabbing and
prodding for the state to realize that it could not maintain a viable IV connection to Broom’s
veins is disturbing, to say the least. But because the Antiterrorism and Effective Death Penalty
Act of 1996 (“AEDPA”) permits us to reverse state court merits decisions in only a narrow set of
circumstances, and because the Ohio Supreme Court’s decision rejecting Broom’s constitutional
claims on the merits does not fall within that set of circumstances here, we AFFIRM the district
court’s judgment denying Broom habeas relief. |
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