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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
MICHAEL LEE BOURQUIN,
Defendant-Appellant
   No. 19-1465
Appeal from the United States District Court
for the Eastern District of Michigan at Bay City.
No. 1:18-cr-20510-1—Thomas L. Ludington, District Judge.
Argued: December 3, 2019
Decided and Filed: July 17, 2020
Before: GRIFFIN, STRANCH, and DONALD, Circuit Judges.


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OPINION
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BERNICE BOUIE DONALD, Circuit Judge. Defendant-Appellant Michael Bourquin seeks an order from this Court reversing the district court’s application of a four-level enhancement, pursuant to United States Sentencing Guidelines Manual § 2A6.1(b)(4), for offense conduct resulting in a substantial expenditure of government funds. The district court applied the enhancement even though the government did not introduce any accounting of funds expended. Because we conclude that § 2A6.1(b)(4)(B) requires more, such as a full accounting of expenditures or some accounting of expenditures coupled with facts that allow a sentencing court to reasonably assess the full expenditure of funds required to respond to an offense and whether those funds are substantial, we vacate the sentence imposed by the district court and remand for resentencing consistent with this opinion.



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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
DWIGHT DYLAN BARBER,
Defendant-Appellant.
   No. 19-6116
Appeal from the United States District Court
for the Western District of Kentucky at Bowling Green.
No. 1:08-cr-00021-2—Gregory N. Stivers, District Judge.
Decided and Filed: July 17, 2020
Before: GRIFFIN, KETHLEDGE, and THAPAR, Circuit Judges.


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OPINION
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THAPAR, Circuit Judge. Dwight Barber appeals the district court’s order declining to reduce his prison sentence under the First Step Act. Because the district court did not err in doing so, we affirm.



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IN RE: FRANKLIN D. HARRIS, JR.; GWENDOLYN G. HARRIS,
Debtors.
___________________________________________

FRANKLIN D. HARRIS, JR.; GWENDOLYN G. HARRIS,
Plaintiffs-Appellants,
v.
DANIEL COOLEY; KAYLAY COOLEY,
Defendants-Appellees
   No. 19-4081
Appeal from the United States District Court for the Southern District of Ohio at Cincinnati;
1:18-cv-00712—Timothy S. Black, District Judge.
United States Bankruptcy Court for the Southern District of Ohio at Cincinnati;
Nos. 1:15-bk-12647; 1:17-ap-01041—Jeffery P. Hopkins, Judge.
Decided and Filed: July 17, 2020
Before: COLE, Chief Judge; GUY and BUSH, Circuit Judges.


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ORDER
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Franklin D. Harris, Jr., and Gwendolyn G. Harris appeal the district court judgment that affirmed the bankruptcy court’s order dismissing their adversary proceeding. This case has been referred to a panel of the court that, upon examination, unanimously agrees that oral argument is not needed. See Fed. R. App. P. 34(a).



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ERIC WAYNE DOTSON,
Petitioner-Appellant,
v.
GREGORY A. KIZZIAH, Warden,
Respondent-Appellee.
   No. 19-6372
Appeal from the United States District Court
for the Eastern District of Kentucky at London.
No. 6:19-cv-00251—Henry R. Wilhoit, Jr., District Judge.
Decided and Filed: July 17, 2020
Before: GIBBONS, COOK, and READLER, Circuit Judges.


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ORDER
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Eric Wayne Dotson, a federal prisoner, appeals pro se the district court’s order dismissing his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2241. This case has been referred to a panel of the court that, upon examination, unanimously agrees that oral argument is not needed. See Fed. R. App. P. 34(a).



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JOHN GEORGE,
Plaintiff-Appellant,
v.
YOUNGSTOWN STATE UNIVERSITY; JAMES P. TRESSEL; MARTIN A. ABRAHAM; GREGG STURRUS,
Defendants-Appellees.
   No. 19-3581
Appeal from the United States District Court
for the Northern District of Ohio at Youngstown.
No. 4:17-cv-02322—Benita Y. Pearson, District Judge.
Argued: March 11, 2020
Decided and Filed: July 17, 2020
Before: CLAY, ROGERS, and GRIFFIN, Circuit Judges.


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OPINION
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CLAY, Circuit Judge. Plaintiff John George, a former professor at Youngstown State University (“YSU”), appeals the district court’s grant of summary judgment for Defendants in his employment discrimination and retaliation lawsuit, which he brought under Title VII of the Civil Rights Act and the Age Discrimination in Employment Act. After he was previously denied tenure, George filed a discrimination lawsuit against YSU and was reinstated as part of a settlement agreement. But as soon as the university’s obligations under the agreement expired, it declined to renew George’s contract and terminated his employment. George also applied to several other positions within the university but was rejected. He then again filed suit in federal court.

Following discovery, the district court granted summary judgment in favor of YSU on George’s claims, ruling that for each of them, George either failed to show causation, failed to show he was qualified for the job, or failed to show that YSU’s claimed reasons for firing (or not hiring) him were pretextual. The court also dismissed one of George’s failure-to-hire claims— which arose after this lawsuit was filed—based on an administrative exhaustion requirement. But viewing the evidence in the light most favorable to George reveals a genuine dispute of material fact as to each of the claims he maintains on appeal, and the district court further erred in enforcing the administrative exhaustion requirement because Defendants expressly waived it below. Accordingly, we reverse the district court’s grant of summary judgment and remand this case for trial.



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RALPH CARUSONE,
Petitioner-Appellant,
v.
WARDEN, NORTH CENTRAL CORRECTIONAL INSTITUTION,
Respondent-Appellee.
   No. 18-4175
Appeal from the United States District Court
for the Southern District of Ohio at Cincinnati.
No. 1:16-cv-00742—Timothy S. Black, District Judge.
Argued: April 16, 2020
Decided and Filed: July 17, 2020
Before: MOORE, KETHLEDGE, and BUSH, Circuit Judges.


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OPINION
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KETHLEDGE, Circuit Judge. The State of Ohio convicted Ralph Carusone of felony murder exclusively on the theory—as the prosecution repeatedly emphasized in its closing argument at trial—that Carusone “plunged [a] knife into the victim’s heart.” But that theory, as the state court of appeals later found, was “plainly discredit[ed]” by medical records that the State admits it wrongfully suppressed before trial. And the state court of appeals itself plainly misapplied the governing Supreme Court precedent when it denied relief on Carusone’s due process claim. We therefore hold that Carusone is entitled to a writ of habeas corpus, and reverse the district court’s decision to the contrary.