BOYCE F. MARTIN, JR., Circuit Judge. John S. Brown appeals his 144 month sentence for possession of crack and powder cocaine with intent to distribute, possession of a firearm in furtherance of a drug crime, and possession of a firearm after a felony conviction. On appeal, he argues that his sentence should be vacated because it was imposed without a presentence report. We find that the district court properly exercised its discretion to impose a sentence without a presentence report under Federal Rule of Criminal Procedure 32(c)(1)(A)(ii) and United States Sentencing Guidelines Manual § 6A1.1(a)(2). Finding Brown’s sentence to be procedurally reasonable, we AFFIRM. However, we REMAND for reconsideration of his sentence in light of the 2007 Amendments to the Sentencing Guidelines, which apply retroactively to Brown’s case.

KAREN NELSON MOORE, Circuit Judge. Petitioner-Appellant Van Chester Thompkins, Jr. (“Thompkins”) appeals the district court’s denial of his petition for a writ of habeas corpus. Following a jury trial in 2002 in Michigan state court, Thompkins was convicted of first-degree murder, assault with intent to commit murder, and several firearms-related charges. After exhausting the state appeals process, Thompkins filed in the United States District Court for the Eastern District of Michigan a petition for a writ of habeas corpus, which the district court denied. The district court certified three claims for appeal: (1) whether Thompkins’s confession was obtained in violation of the Fifth Amendment when the police officers questioned Thompkins for nearly three hours, the officers described the interview as “very, very one-sided,” and the officers described Thompkins as “not verbally communicative” and as having “shared very limited verbal responses” while “[l]argely . . . remain[ing] silent”; (2) whether Thompkins’s right to due process was violated when the prosecution offered evidence of accomplice-witness Eric Purifoy’s jury verdict and guilty plea conviction on charges stemming out of the same incident giving rise to Thompkins’s charges; and (3) whether Thompkins was denied effective assistance of counsel when his counsel failed to request that the trial court instruct the jury that it could consider the evidence relating to the jury verdict and guilty-plea conviction of accomplice-witness Purifoy only in evaluating Purifoy’s credibility and not as substantive evidence of Thompkins’s guilt.

For the reasons discussed below, we AFFIRM the district court’s denial of Thompkins’s petition for a writ of habeas corpus as to his claim of prosecutorial misconduct, but we REVERSE the judgment of the district court denying relief as to his Fifth Amendment and ineffectiveassistance- of-counsel claims and REMAND the case with instructions that the district court order that Thompkins be released from state custody unless the State of Michigan commences a new trial within 180 days of the final federal-court judgment in this case.

CLAY, Circuit Judge. Plaintiffs-appellants represent a class of investors who purchased securities of Dana Corporation (“Dana”) between April 21, 2004 and October 7, 2005 (the “Class Period”). Plaintiffs’ class-action complaint alleges violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, 15 U.S.C. §§ 78j(b) and 78t(a), and Rule 10b-5 promulgated thereunder by the Securities and Exchange Commission, 17 C.F.R. § 240.10b-5. In particular, Plaintiffs allege that the Defendants, two of Dana’s chief corporate officers during the Class Period, are responsible for a number of intentional or reckless misstatements and material omissions which Plaintiffs allege were calculated to artificially boost Dana’s stock price.

Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, the district court dismissed the complaint for failure to satisfy the heightened pleading requirements of the Private Securities Litigation Reform Act of 1995 (“PSLRA”), finding that the complaint failed to assert allegations that could support a “strong inference” that Defendants acted with the requisite scienter. Frank v. Dana Corp., 525 F. Supp. 2d 922, 932 (N.D. Ohio 2007). In articulating the controlling pleading standard, the district court stated that it was “required to accept plaintiff’s inferences of scienter only if those inferences are the most plausible of competing inferences.” Id. at 930 (emphasis added). Because this formulation of the applicable pleading standard is contrary to the Supreme Court’s decision in Tellabs, Inc. v. Makor Issues & Rights, Ltd., ___ U.S. ___, 127 S. Ct. 2499 (2007), which held that a complaint will survive a motion to dismiss so long as “a reasonable person would deem the inference of scienter cogent and at least as compelling as any opposing inference one could draw from the facts alleged,” id. at 2510 (emphasis added), we vacate the judgment of the district court.