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UNITED STATES OF AMERICA, Plaintiff-Appellee, v. JEFFREY T. CONWAY, Defendant-Appellant. |
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Appeal from the United States District Court
for the Southern District of Ohio at Columbus.
No. 05-00208—Algenon L. Marbley, District Judge.
Submitted: November 30, 2007
Decided and Filed: January 23, 2008
Before: ROGERS and SUTTON, Circuit Judges; BERTELSMAN, District Judge.
SUTTON, Circuit Judge. After a grand jury issued a four-count indictment against Jeffrey Conway, he pleaded guilty to one of the counts in exchange for which the government dismissed the remaining three counts. At sentencing, the district court enhanced Conway’s offense level based in part on the conduct underlying one of the charged, but dismissed, counts. Because the district court did not err, either as a matter of fact or as a matter of law, in sentencing Conway, we affirm.
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ADRIENNE BENNETT, Plaintiff-Appellant, v. KEMPER NATIONAL SERVICES, INC.; LUMBERMENS MUTUAL CASUALTY COMPANY; BROADSPIRE SERVICES, INCORPORATED; PLATINUM EQUITY, L.L.C., Defendants-Appellees. |
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Appeal from the United States District Court
for the Eastern District of Michigan at Detroit.
No. 05-72357—Julian A. Cook, Jr., District Judge.
Argued: July 25, 2007
Decided and Filed: January 23, 2008
Before: MOORE and COOK, Circuit Judges; ADAMS, District Judge.
KAREN NELSON MOORE, Circuit Judge. Plaintiff-Appellant Adrienne Bennett (“Bennett”) filed an action under the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1132, against Kemper National Services, Inc. (“Kemper”), Lumbermens Mutual Casualty Company (“Lumbermens”), Broadspire Services, Inc. (“Broadspire”), and Platinum Equity, L.L.C. (“Platinum”) (collectively “defendants”) arguing that the decision to deny her long-termdisability (“LTD”) benefits was arbitrary or capricious. The district court granted a judgment in favor of the defendants, and Bennett appealed. Because we conclude that the decision to deny benefits was not the result of a deliberate and principled reasoning process supported by substantial evidence, we VACATE the judgment of the district court and REMAND with instructions to remand to Broadspire for a full and fair review consistent with this opinion.