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UNITED STATES OF AMERICA,
Plaintiff-Appellee/Cross-Appellant,
v.
RODERICK HENRY,
Defendant-Appellant/Cross-Appellee.


Nos. 05-2084/2282

Appeal from the United States District Court
for the Eastern District of Michigan at Detroit.
No. 00-80128—Denise Page Hood, District Judge.
Argued: September 17, 2008
Decided and Filed: October 17, 2008
Before: DAUGHTREY and GILMAN, Circuit Judges; MILLS, District Judge.

_________________________
OPINION
_________________________

RONALD LEE GILMAN, Circuit Judge. This case arises from a large-scale drug-trafficking operation that transported cocaine on musical-band tour buses from Los Angeles to Detroit and other cities. The drugs were stored inside large concert speakers in amounts of up to 150 kilograms per trip. Cocaine and several million dollars in cash proceeds were seized by the police when they finally stopped the operation in February 2000.

After hearing extensive incriminating evidence, including the testimony of six coconspirators in the drug-trafficking operation, a jury convicted Roderick Henry of conspiracy to possess five kilograms or more of cocaine with the intent to distribute the drug. Following the jury verdict, the district court calculated the applicable U.S. Sentencing Guidelines range at 324 to 405 months of imprisonment, but sentenced Henry to the considerably shorter term of 180 months. Henry now appeals his conviction, asserting that he was denied a fair trial because of prosecutorial misconduct during closing argument. The government cross-appeals Henry’s sentence, which it considers too lenient. For the reasons set forth below, we AFFIRM Henry’s conviction, but VACATE his sentence and REMAND the case to the district court for resentencing consistent with this opinion.


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In re: SHAWN E. PETRO and CLARA A. PETRO,
Debtors.
______________________________________
HENRY EDWARD HILDEBRAND, STANDING CHAPTER 13 TRUSTEE,
Appellant,
v.
SHAWN E. PETRO and CLARA A. PETRO,
Appellees.


No. 08-8009

Appeal from the United States Bankruptcy Court
for the Middle District of Tennessee at Nashville.
No. 07-06638.
Argued: August 13, 2008
Decided and Filed: October 17, 2008
Before: FULTON, McIVOR, and SHEA-STONUM, Bankruptcy Appellate Panel Judges.

_________________________
OPINION
_________________________

MARILYN SHEA-STONUM, Bankruptcy Appellate Panel Judge. The Chapter 13 Trustee appeals an order of the bankruptcy court confirming the Debtors’ Chapter 13 plan over the Trustee’s objection that the Debtors were not contributing all of their projected disposable income to the payment of their unsecured creditors. For the reasons that follow, we REVERSE the decision of the bankruptcy court and REMAND for further proceedings consistent with this opinion.