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UNITED STATES OF AMERICA,
Plaintiff-Appellee/Cross-Appellant,
v.
DARYL LAWRENCE,
Defendant-Appellant/Cross-Appellee.


Nos. 06-4105/4626; 07-3004

Appeal from the United States District Court
for the Southern District of Ohio at Columbus.
No. 05-00011—Gregory L. Frost, District Judge.
Argued: April 30, 2008
Decided and Filed: February 11, 2009
Before: BOGGS, Chief Judge; ROGERS and McKEAGUE, Circuit Judges.

_________________________
OPINION
_________________________

McKEAGUE, Circuit Judge. Defendant Daryl Lawrence was convicted of armed bank robbery, attempted armed bank robbery, murder, and firearms charges. Two of the counts, Counts Seven and Eight, charged death-eligible offenses. The jury returned a verdict of life imprisonment on Count Seven and a verdict of death on Count Eight. Ruling on defendant’s motion for new trial, the district court held that the jury’s verdicts on Counts Seven and Eight were inconsistent. The court vacated the verdict of death on Count Eight and ordered a new sentencing hearing. The government appeals, contending the verdicts are not inconsistent. Lawrence has moved for dismissal of the government’s appeal as premature.

For the reasons that follow, we deny Lawrence’s motion to dismiss the government’s appeal, vacate the district court’s order partially granting the motion for new trial, and thereby reinstate the sentence of death originally imposed by the district court on Count Eight.


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RICHARD J. RENTZ,
Plaintiff-Appellee,
PAUL R. LEONARD,
Attorney-Appellee,
B. RANDALL ROACH,
Attorney-Appellee,
v.
DYNASTY APPAREL INDUSTRIES, INC. et al.,
Defendants,
PAUL WARFIELD; JEMESCO, INC.,
Defendants-Appellants.


No. 07-4123

Appeal from the United States District Court
for the Southern District of Ohio at Dayton.
No. 96-00205—Walter H. Rice, District Judge.
Argued: December 5, 2008
Decided and Filed: February 11, 2009
Before: MERRITT and MOORE, Circuit Judges.

_________________________
OPINION
_________________________

KAREN NELSON MOORE, Circuit Judge. Paul Warfield and his company, Jemesco, Inc., (collectively, “the Warfield Defendants”) appeal the district court’s decision awarding them monetary sanctions against Paul R. Leonard and B. Randall Roach, counsel for Richard J. Rentz, the plaintiff in the underlying litigation. In 1999, the district court determined that Leonard and Roach had violated Rule 11 of the Federal Rules of Civil Procedure and 28 U.S.C. § 1927 by litigating several of Rentz’s claims set forth in an amended complaint that lacked any basis in fact. In 2007, the district court reduced the amount of potential attorney fees from that which was originally requested by Warfield as sanctions, approximately $70,000, to a total of $29,294.87 from Leonard, and $3,747.37 from Roach, based on calculations of the amount of attorney fees actually caused by the sanctionable conduct. The district court then further reduced the amount of sanctions and ultimately awarded to the Warfield Defendants only $2,500 from Leonard and $250 from Roach. The district court did not sanction Rentz or the relevant law firms.

On appeal, the Warfield Defendants argue that the district court abused its discretion by (1) failing to sanction one of the law firms, (2) failing to sanction Rentz, and (3) arbitrarily reducing the sanctions against Leonard and Roach to an amount far below the court’s own calculation of attorney fees reasonably incurred to litigate Rentz’s frivolous claims. For the reasons explained below, we AFFIRM the district court’s decision with respect to the first two issues. Because, however, the district court abused its discretion in further reducing the awards to de minimis amounts, we VACATE that portion of the district court’s order specifying the amount of sanctions and REMAND with instructions to the district court to issue an order forthwith imposing sanctions of $29,294.87 against Leonard and $3,747.37 against Roach, to be paid to the Warfield Defendants.