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OHIO REPUBLICAN PARTY; LARRY WOLPERT,
Plaintiffs-Appellees,
v.
JENNIFER BRUNNER, Secretary of State of Ohio,
Defendant-Appellant.


No. 08-4322

Filed: October 14, 2008
Before: BOGGS, Chief Circuit Judge; MARTIN, BATCHELDER, DAUGHTREY, MOORE,
COLE, CLAY, GILMAN, GIBBONS, ROGERS, SUTTON, COOK, McKEAGUE, GRIFFIN,
KETHLEDGE, and WHITE, Circuit Judges.

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ORDER
_________________________

A majority of the Judges of the Court in regular active service have voted to hear this case en banc, thus vacating the stay of the Temporary Restraining Order, and to deny the motion of the Appellant Secretary of State to vacate or stay the district court’s TRO.


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TREAP THAP,
Petitioner,
v.
MICHAEL B. MUKASEY,
Respondent.


Nos. 07-3752/4168

On Petition for Review from a Decision
of the Board of Immigration Appeals.
No. A25 389 079.
Submitted: July 30, 2008
Decided and Filed: October 15, 2008
Before: DAUGHTREY and GIBBONS, Circuit Judges; ZATKOFF, District Judge.

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OPINION
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ZATKOFF, District Judge. In 1996, following his conviction for robbery in the second degree in California, proceedings to deport Treap Thap to Cambodia were instituted in California but subsequently processed in Michigan when Thap moved there. In 2005, the immigration judge (IJ) determined that Thap was deportable. The IJ, and subsequently the Board of Immigration Appeals (BIA), rejected Thap’s claims that: (1) because his status as a refugee had not been terminated previously, he could not be deported ; (2) his robbery conviction did not subject him to removal for an aggravated felony; and (3) his past persecution in Cambodia was sufficient to withhold his removal. The BIA also denied Thap’s motion to reconsider the BIA’s finding that his robbery conviction was a crime of violence that precluded waiver of removal under §212(c) of the Immigration and Nationality Act (INA). For the reasons set forth below, the Court affirms the decisions of the BIA and the IJ to remove Thap.


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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
BRUCESTAN T. JORDAN,
Defendant-Appellant.


No. 07-5696

Appeal from the United States District Court
for the Middle District of Tennessee at Nashville.
No. 06-00165—Aleta Arthur Trauger, District Judge.
Argued: September 16, 2008
Decided and Filed: October 15, 2008
Before: MOORE and COLE, Circuit Judges; GRAHAM, District Judge.

_________________________
OPINION
_________________________

KAREN NELSON MOORE, Circuit Judge. Defendant-Appellant, Brucestan T. Jordan (“Jordan”), appeals his conviction for mail fraud (Count 1) in violation of 18 U.S.C. § 1341 and aggravated identity theft (Count 2) in violation of 18 U.S.C. § 1028A(a)(1), as well as his sentence to forty-eight months in prison on Count 1. Jordan makes several arguments before this court: (1) that there was a violation of the Speedy Trial Act’s requirement that a defendant be indicted within thirty days of his arrest; (2) that evidence was unlawfully seized from his vehicle incident to a warrantless arrest without probable cause; (3) that the district court erred in refusing to appoint standby counsel to assist Jordan’s pro se defense at trial; (4) that the district court failed properly to exercise its discretion under Rule 16 of the Federal Rules of Criminal Procedure to grant adequate remedies for alleged discovery violations by the government; (5) that the government failed to provide timely notice under Federal Rule of Evidence 902(11) of its intent to offer certain records into evidence; (6) that the evidence at trial was insufficient to support a conviction; and (7) that the district court erred in sentencing Jordan on Count 1 in finding the amount of intended loss from Jordan’s actions to be around $811,000. For the reasons explained below, we AFFIRM Jordan’s conviction and sentence.


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ANTONIO MENDOZA,
Petitioner-Appellant,
v.
MARY BERGHUIS, Warden,
Respondent-Appellee.


No. 07-1115

Appeal from the United States District Court
for the Eastern District of Michigan at Detroit.
No. 05-10029—David M. Lawson, District Judge.
Argued: September 15, 2008
Decided and Filed: October 15, 2008
Before: GILMAN, KETHLEDGE, and ALARCÓN, Circuit Judges.

_________________________
OPINION
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KETHLEDGE, Circuit Judge. Antonio Mendoza appeals the denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, after his conviction in Michigan state court of assault with intent to commit murder, malicious destruction of property, carrying a concealed weapon, and possession of a firearm during the commission of a felony. During his trial, Mendoza was restrained in leg shackles that were not visible to the jury. He claims these shackles violated his constitutional rights because, he says, the jury likely knew he was wearing them. We affirm the district court’s denial of the writ.