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JAMES I. BURLISON, RODNEY L. WAITS, and BUFORD O’NEAL TANKERSLEY,
Plaintiffs-Appellees,
v.
UNITED STATES OF AMERICA,
Defendant-Appellant.


No. 06-6369

Appeal from the United States District Court
for the Western District of Tennessee at Memphis.
No. 04-02597—Jon Phipps McCalla, Chief District Judge.
Argued: October 30, 2007
Decided and Filed: July 17, 2008
Before: BATCHELDER, MOORE, and COLE, Circuit Judges.

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OPINION
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KAREN NELSON MOORE, Circuit Judge. This case concerns an appeal by the United States from a district-court decision holding that landowners in Tennessee possess an easement over a field-access road that traverses the Lower Hatchie National Wildlife Refuge. The landowners (“Plaintiffs-Appellees”) sought to quiet title to the access road pursuant to the Quiet Title Act, 28 U.S.C. § 2409a, and the U.S. District Court for the Western District of Tennessee entered judgment in their favor. The United States also appeals the district court’s holding that the National Wildlife Refuge System Administration Act of 1966, 16 U.S.C. § 668dd, as amended, does not give Congress or the United States Fish and Wildlife Service the authority to regulate Plaintiffs- Appellees’ easement, which “predate[d] the Government’s ownership of the servient tenement.” Burlison v. United States, No. 04-2597, 2006 WL 2546564, at *10 (W.D. Tenn. Aug. 31, 2006). We agree that Plaintiffs-Appellees have an easement by reservation over the field-access road. We also hold, however, that the federal government has the power under 16 U.S.C. § 668dd(d)(1)(b), enacted pursuant to the Property Clause, to regulate in a reasonable manner Plaintiffs-Appellees’ use of their easement. We therefore AFFIRM the judgment of the district court in part and REVERSE in part.


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PHAR-MOR, INC.,
Appellant,
v.
MCKESSON CORPORATION,
Appellee.


Nos. 05-4525/4526

Appeal from the United States District Court
for the Northern District of Ohio at Youngstown.
Nos. 04-01013; 04-01015—Christopher A. Boyko, District Judge.
Argued: December 7, 2007
Decided and Filed: July 17, 2008
Before: BATCHELDER, Circuit Judge; BUNNING, District Judge.

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OPINION
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ALICE M. BATCHELDER, Circuit Judge. At issue in this bankruptcy case is whether a vendor’s administrative-expense priority on its reclamation claim is effectively extinguished when the goods subject to reclamation are sold and the proceeds used to satisfy a secured creditor’s superior claim. Because we hold that it is not, we AFFIRM the district court’s decision.


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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
JOHN JOSEPH DUANE,
Defendant-Appellant.


No. 06-6536

Appeal from the United States District Court
for the Western District of Kentucky at Louisville.
No. 06-00013—Charles R. Simpson III, District Judge.
Argued: November 27, 2007
Decided and Filed: July 17, 2008
Before: BOGGS, Chief Judge; GIBBONS, Circuit Judge; BELL, Chief District Judge.

_________________________
OPINION
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JULIA SMITH GIBBONS, Circuit Judge. John Joseph Duane appeals his sentence for receiving and possessing child pornography in violation of 18 U.S.C. § 2252(a)(2) and (a)(4). Duane contends that: (1) calculating his sentence using the 2005 Sentencing Guidelines violated the Ex Post Facto Clause; (2) the district court erred in enhancing Duane’s sentence pursuant to U.S.S.G. § 2G2.2(b)(4) for receiving and possessing sadistic images; and (3) his sentence is unreasonable. For the following reasons, we affirm.