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CARL GAETH,
Plaintiff-Appellee,
v.
HARTFORD LIFE INSURANCE CO.,
Defendant-Appellant.


No. 06-6490

Appeal from the United States District Court
for the Eastern District of Kentucky at Lexington.
No. 02-00568—Jennifer B. Coffman, Chief District Judge.
Submitted: July 30, 2008
Decided and Filed: August 19, 2008
Before: BATCHELDER and GILMAN, Circuit Judges; ZOUHARY, District Judge.

_________________________
OPINION
_________________________

RONALD LEE GILMAN, Circuit Judge. Carl Gaeth was employed as a sales manager at Oracle Corp. from 1986 until 1989. As a result of serious medical conditions, he began receiving long-term disability payments in 1989. Oracle subsequently discovered that Gaeth was operating an antique-lamp restoration business, and surveillance video showed him moving about without apparent difficulty. The plan administrator, Hartford Life Insurance Co., determined that Gaeth was no longer totally disabled and terminated his benefits in 1997.

Gaeth challenged that decision in court. The federal district court found that Hartford’s determination was arbitrary and capricious because it was not supported by any medical evidence of Gaeth’s physical condition. It therefore remanded the case to Hartford for further consideration.

The court also awarded attorney fees to Gaeth, even though it did not find that Gaeth is still entitled to disability benefits under the plan. Hartford has appealed only the award of attorney fees. For the reasons set forth below, we VACATE the district court’s judgment awarding attorney fees and REMAND the case for reconsideration of that issue.


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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
MICHAEL MASTROMATTEO,
Defendant-Appellant.


No. 06-2349

Appeal from the United States District Court
for the Eastern District of Michigan at Detroit.
No. 05-80623-002—Marianne O. Battani, District Judge.
Argued: July 22, 2008
Decided and Filed: August 19, 2008
Before: BOGGS, Chief Judge; MOORE and CLAY, Circuit Judges.

_________________________
OPINION
_________________________

KAREN NELSON MOORE, Circuit Judge. Defendant-Appellant, Michael Mastromatteo (“Mastromatteo”), appeals the district court’s denial of a motion for a hearing under Franks v. Delaware, 438 U.S. 154 (1978), and he challenges the reasonableness of his sentence. Mastromatteo pleaded guilty to four methamphetamine-related counts, and he did so without the benefit of a written plea agreement. Despite the absence of a written plea agreement, Mastromatteo asserts that he entered a conditional plea nonetheless and may challenge the denial of the Franks hearing. We agree. Although Mastromatteo is not barred from challenging the denial of the Franks hearing on the basis of his plea agreement, we conclude that Mastromatteo did not establish a legitimate expectation of privacy in the Lenfesty property, the only property at issue on appeal. Thus, Mastromatteo lacks standing to challenge the denial of the Franks hearing. Furthermore, even if Mastromatteo had standing to challenge the search warrant, the district court properly denied the Franks hearing because the warrant, stripped of any allegedly false statements, contains evidence sufficient to support the magistrate judge’s finding of probable cause. Lastly, we hold that Mastromatteo’s sentence was reasonable. For the reasons described below, we AFFIRM the district court’s denial of Mastromatteo’s motion for a Franks hearing and AFFIRM Mastromatteo’s sentence.