RONALD LEE GILMAN, Circuit Judge. Jo Ann Allen and Debra Slone (collectively the plaintiffs) sued their employer, Highlands Hospital Corporation (HHC or the Hospital), for age discrimination under the Age Discrimination in Employment Act (ADEA) and the Kentucky Civil Rights Act (KCRA). In November 2003, both women were terminated after they allegedly violated HHC’s confidentiality policy. HHC determined that Allen and Slone had breached the confidentiality of one of its patients, Allen’s minor granddaughter, by permitting the removal of the girl’s x-rays from the Hospital without written authorization from the girl’s mother.

Allen and Slone each filed a state-court action against HHC. They claimed that the Hospital’s stated reason for discharging them was a pretext designed to hide age discrimination. Both cases were removed to federal district court and consolidated for trial. HHC subsequently filed a motion for summary judgment, which the court granted. For the reasons set forth below, we AFFIRM the judgment of the district court.

DUGGAN, District Judge. In this action, brought pursuant to the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. §§ 1961-68, plaintiffs-appellants Chaz Concrete Co., LLC, Grant Trucking, Inc., Green River Seed and Sod, Inc., and Sweeney Enterprises, Inc. alleged that defendants-appellees James C. Codell and J.M. Yowell employed mail fraud, 18 U.S.C. § 1341, in a scheme to defraud the United States Department of Transportation’s Federal Highway Administration of money and property by certifying non-qualifying entities for participation in Kentucky’s Disadvantaged Business Enterprise (“DBE”) program. The district court granted summary judgment in favor of the defendants on the plaintiffs’ RICO claims. For the reasons set forth below, we REVERSE the judgment of the district court and REMAND for further proceedings consistent with this opinion.

RALPH B. GUY, JR., Circuit Judge. Petitioner Sedrick Franklin appeals from the district court’s dismissal of his petition for writ of habeas corpus challenging his convictions for murder and felonious assault, with firearm specifications, in violation of Ohio Revised Code §§ 2903.02(B) and 2903.11(A)(2). A certificate of appealability was granted with respect to petitioner’s second ground for relief, only: the claim that his post-arrest silence was used against him at trial, unfairly penalizing him for exercising his right to remain silent in violation of Miranda v. Arizona, 384 U.S. 436 (1966), and Doyle v. Ohio, 426 U.S. 610 (1976). Finding that the district court correctly concluded that the state court’s rejection of this claim was not an unreasonable application of Supreme Court precedent, we affirm the dismissal of petitioner’s application for habeas relief.

ROGERS, Circuit Judge. In determining whether to apply the career offender provision of the United States Sentencing Guidelines, must the federal court take into account the defendant’s state criminal history (or lack thereof) at the time of his predicate North Carolina convictions? The answer is yes, given the particular characteristics of North Carolina sentencing law, in light of recent United States Supreme Court precedent.