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MARTIN J. WALSH, Secretary of Labor, United States Department of Labor,
Plaintiff-Appellee/Cross-Appellant,
v.
KDE EQUINE, LLC, dba Steve Asmussen Stables; STEVE ASMUSSEN,
Defendants-Appellants/Cross-Appellees.
   Nos. 21-5054/5133
Appeal from the United States District Court for the Western District of Kentucky at Louisville.
No. 3:15-cv-00562—Claria Horn Boom, District Judge.
Argued: December 9, 2021
Decided and Filed: December 22, 2022
Before: DONALD, THAPAR, and LARSEN Circuit Judges.


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OPINION
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BERNICE BOUIE DONALD, Circuit Judge. The Department of Labor (DOL) alleged that KDE Equine violated various provisions of the Fair Labor Standards Act, including the minimum wage, overtime, and recordkeeping requirements. See 29 U.S.C. §§ 206, 207, 211. The district court granted judgment to the DOL on its overtime claims but found for KDE Equine on the DOL’s claims for willful violations and liquidated damages. Both parties appeal. For the following reasons, this Court AFFIRMS in part, VACATES in part, and REMANDS for further proceedings.



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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
DAVID E. MCCALL,JR.,
Defendant-Appellant.
   No. 21-3400
On Petition for Rehearing En Banc.
United States District Court for the Northern District of Ohio at Cleveland;
No. 1:13-cr-00345-41—Christopher A. Boyko, District Judge.
Argued En Banc: June 8, 2022
Decided and Filed: December 22, 2022
Before: SUTTON, Chief Judge; MOORE, COLE, CLAY, GIBBONS, GRIFFIN,
KETHLEDGE, WHITE, STRANCH, DONALD, THAPAR, BUSH, LARSEN,
NALBANDIAN, READLER, and MURPHY, Circuit Judges.*


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OPINION
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NALBANDIAN, Circuit Judge. David McCall, a federal prisoner with a long drug-dealing career, pleaded guilty to a conspiracy charge involving heroin possession and distribution in 2015. Five years into his 235-month sentence, McCall moved for compassionate release under 18 U.S.C. § 3582(c)(1). Although he cited several “extraordinary and compelling reasons” justifying a sentence reduction under that statute, the heart of his motion rested on our opinion in Havis. Invoking that opinion, McCall argued that if he were sentenced today, he would receive a shorter sentence than he received in 2015. The district court denied his motion, reasoning that a nonretroactive change in sentencing law could not amount to an “extraordinary and compelling” reason for a sentence reduction. We agree and affirm.



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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
BRIAN KEITH WELLS, aka B. K. Wells,
Defendant-Appellant.
   No. 21-5890
Appeal from the United States District Court for the Eastern District of Kentucky at Pikeville.
No. 7:20-cr-00006-1—Robert E. Wier, District Judge.
Decided and Filed: December 22, 2022
Before: SILER, GILMAN, and NALBANDIAN, Circuit Judges.


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OPINION
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SILER, Circuit Judge. Defendant-Appellant Brian Keith Wells appeals his belowGuidelines sentence, challenging the district court’s refusal to appoint substitute counsel, the application of a four-level role enhancement to his Guidelines range, and the substantive reasonableness of his sentence. For the following reasons, we AFFIRM.