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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
KEVIN DURON DAVIS,
Defendant-Appellant.


No. 05-2465

Appeal from the United States District Court
for the Eastern District of Michigan at Bay City.
No. 02-20049—David M. Lawson, District Judge.
Argued: April 22, 2008
Decided and Filed: November 13, 2008
Before: GILMAN, ROGERS, and McKEAGUE, Circuit Judges.

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OPINION
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ROGERS, Circuit Judge. Defendant Kevin Davis was convicted of distributing, and of conspiring to distribute, crack cocaine. He had sold crack cocaine to a government informant who had been directed to Davis by Davis’s cousin. At trial, the district court admitted testimony concerning a prior drug transaction that similarly involved Davis, his cousin, and a third-party buyer. Davis challenges both his distribution and conspiracy convictions on appeal, arguing that evidence of the prior sale was inadmissible under Federal Rule of Evidence 404(b). Because the jury was not instructed properly on how it could use the testimony regarding the prior drug transaction, and because this error was not harmless with respect to the conspiracy conviction, we reverse the conspiracy conviction, and remand the case for further proceedings consistent with this opinion.


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LANCINE KABA,
Petitioner,
v.
MICHAEL MUKASEY, Attorney General,
Respondent.


No. 07-3862

On Petition for Review from the
Board of Immigration Appeals.
No. A97 105 318.
Submitted: July 31, 2008
Decided and Filed: November 13, 2008
Before: DAUGHTREY and McKEAGUE, Circuit Judges; VAN TATENHOVE, District Judge.

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OPINION
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MARTHA CRAIG DAUGHTREY, Circuit Judge. The petitioner, Lancine Kaba, seeks review of the denial by an immigration judge and by the Board of Immigration Appeals (BIA) of his requests for asylum, withholding of removal, and relief pursuant to the United Nations Convention Against Torture, 1465 U.N.T.S. 85, 23 I.L.M. 1027, art. 3. Before this court, Kaba contends that the immigration judge erred in finding him not credible, in concluding that he had not suffered past persecution in his native Cote d’Ivoire (formerly known as the Ivory Coast), and in refusing to recognize his well-founded fear of future persecution there. Because we conclude that the evidence in the administrative record does not compel a conclusion contrary to that reached by the immigration judge, we hold that the petitioner has failed to establish his eligibility for the relief he seeks. We therefore affirm the administrative decision and deny the petition for review in this matter.


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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
FELIX WALLS,
Defendant-Appellant.


No. 06-2079

Appeal from the United States District Court
for the Eastern District of Michigan at Detroit.
No. 92-80236—Robert H. Cleland, District Judge.
Argued: October 23, 2008
Decided and Filed: November 13, 2008
Before: MOORE and WHITE, Circuit Judges; VINSON, District Judge.

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OPINION
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KAREN NELSON MOORE, Circuit Judge. Defendant-Appellant Felix Walls (“Walls”) appeals his life sentence resulting from convictions for one count of conspiracy to possess with intent to distribute and to distribute five kilograms or more of cocaine in violation of 21 U.S.C. § 846 and one count of conspiracy to launder money in violation of 18 U.S.C. § 371. Walls, through his attorney, makes five arguments: (1) the district court erred when it imposed an enhancement under U. S. SENTENCING GUIDELINES MANUAL (“U.S.S.G.”) § 3B1.1 (2005), because the district judge did not find that Walls controlled the actions of others; (2) the life sentence imposed is substantively unreasonable in light of the 360-month sentence imposed after Walls’s first trial, Walls’s age, the age of the offenses, the lack of need for further training, and the fact that like convictions have not resulted in life sentences; (3) the district court erred in determining that certain sentencing decisions were “the law of the case”; (4) the district court failed to make a proportionality review before imposing a life sentence; and (5) Walls’s convictions are void because Title 21 was never published in the Federal Register, as required by 44 U.S.C. § 1505. Walls also filed a pro se brief arguing that the district court could not legally sentence him for either conviction because: (1) both convictions are barred by the statute of limitations; and (2) the district judge prejudicially instructed the jury that it had to find Walls guilty.

For the reasons discussed below, we AFFIRM Walls’s convictions and sentence.


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LORILLARD TOBACCO COMPANY, et al.,
Plaintiffs-Appellees,
v.
CHESTER, WILLCOX & SAXBE, LLP, et al.,
Defendants-Appellants.


No. 07-3589

Appeal from the United States District Court
for the Southern District of Ohio at Columbus.
No. 04-00715—Edmund A. Sargus, Jr., District Judge.
Argued: September 17, 2008
Decided and Filed: November 13, 2008
Before: CLAY and COOK, Circuit Judges; OLIVER, District Judge.

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OPINION
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CLAY, Circuit Judge. Plaintiffs, Lorillard Tobacco Company, Phillip Morris USA Inc., and R.J. Reynolds Company, brought this interpleader action against a number of attorneys, including the five Defendants-Appellants (“Florida Counsel”),1 to determine the proper recipients of four annual $125 million payments that Plaintiffs agreed to pay as part of an attorneys’ fee agreement related to the 1998 tobacco settlement. Florida Counsel, five law firms that represented the State of Florida in the tobacco litigation, appeal the district court’s order overruling their objections to claims to the proceeds of the settlement of the interpleader action by five limited liability companies and Deutsche Bank Trust Company of America (“Deutsche Bank”). For the reasons that follow, we REVERSE the district court’s ruling and REMAND for further proceedings.