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JASON S. SEXTON,
Petitioner-Appellant,
v.
LYNEAL WAINWRIGHT, Warden,
Respondent-Appellee. |
No. 19-3370 |
Appeal from the United States District Court
for the Southern District of Ohio at Columbus.
No. 2:18-cv-00424—George C. Smith, District Judge.
Decided and Filed: August 4, 2020
Before: GUY, BOGGS, and WHITE, Circuit Judges.
_________________________
OPINION
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RALPH B. GUY, JR., Circuit Judge. Petitioner Jason Sexton is an Ohio prisoner who
wishes to pursue a habeas corpus petition. The district court dismissed his petition as untimely,
but he says that was error. We agree, vacate the judgment, and remand the case. |
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
PHILIP GORDON PAAUWE,
Defendant-Appellant. |
No. 19-2071 |
Appeal from the United States District Court
for the Western District of Michigan at Grand Rapids.
No. 1:19-cr-00041-1—Paul Lewis Maloney, District Judge.
Decided and Filed: August 4, 2020
Before: NORRIS, NALBANDIAN, and READLER, Circuit Judges.
_________________________
OPINION
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CHAD A. READLER, Circuit Judge. Philip Paauwe was sentenced to a 420-month
prison term following his guilty plea to Coercion and Enticement of a Minor, in violation of
18 U.S.C. § 2422(b). The sentencing analysis included application of a five-level enhancement
under § 4B1.5(b)(1) of the Sentencing Guidelines due to Paauwe’s pattern of ongoing sexual
misconduct. Paauwe argues that application of the enhancement was based on the Guideline’s
administrative commentary, not its text, in violation of our recent holding in United States v.
Havis, 927 F.3d 382, 386 (6th Cir. 2019) (en banc) (per curiam). Because Paauwe’s
enhancement follows from the plain terms of the Guideline itself, we AFFIRM the judgment of
the district court. |
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