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ELIZABETH A. GASS, DEBORAH DEJONGE,
Plaintiffs-Appellants,
v.
MARRIOTT HOTEL SERVICES, INC., ECOLAB, INC.,
Defendants-Appellees.


No. 07-1733

Appeal from the United States District Court
for the Western District of Michigan at Grand Rapids.
No. 05-00856—Robert Holmes Bell, District Judge.
Argued: July 22, 2008
Decided and Filed: March 3, 2009
Before: BOGGS, Chief Judge; MOORE and CLAY, Circuit Judges.

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OPINION
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CLAY, Circuit Judge. Plaintiffs, Elizabeth A. Gass and Deborah DeJonge, appeal the district court’s grant of summary judgment to Defendants, Ecolab, Inc. (“Ecolab”) and Marriott Hotel Services, Inc. (“Marriott”). Plaintiffs sued Defendants under Michigan law, claiming that they were poisoned by pesticides during their stay at a Marriott hotel in Maui, Hawaii. Plaintiffs allege that employees of Ecolab, which provides extermination services for Marriott, sprayed their belongings with an unknown pesticide and filled their hotel room with toxic vapors, causing Plaintiffs to become ill. The district court granted summary judgment to Defendants, holding that no reasonable jury could conclude that Defendants’ negligence caused Plaintiffs’ injuries. We disagree, and accordingly REVERSE the grant of summary judgment and REMAND this case to the district court for trial.


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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
PATRICIA PETROFF-KLINE,
Defendant-Appellant.


No. 08-3062

Appeal from the United States District Court
for the Northern District of Ohio at Akron.
No. 06-02103—Solomon Oliver, Jr., District Judge.
Argued: January 23, 2009
Decided and Filed: March 3, 2009
Before: GIBBONS and McKEAGUE, Circuit Judges; SHADUR, Senior District Judge.

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OPINION
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SHADUR, Senior District Judge. Patricia Petroff-Kline (“Petroff-Kline”) appeals the district court’s grant of summary judgment to the United States and its corresponding denial of Petroff-Kline’s cross-motion for summary judgment. Acting on behalf of the Department of Health and Human Services (“HHS”), the Government brought the action against Petroff-Kline to collect the amount of Health Education Assistance Loan (“Health Education Loan”) indebtedness that Petroff-Kline had incurred while she was a student at Tufts University’s School of Dentistry (“Tufts”). After considering the parties’ cross-motions for summary judgment and supplemental briefing as to the amount of Petroff-Kline’s indebtedness, the district court granted the Government’s motion for summary judgment in the amount of $208,349.20 plus interest accrued from August 15, 2007. We affirm.


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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
ROBERT GEORGE SHAFER,
Defendant-Appellant.


No. 07-2574

Appeal from the United States District Court
for the Western District of Michigan at Grand Rapids.
No. 07-00141-02—Robert J. Jonker, District Judge.
Argued: December 2, 2008
Decided and Filed: March 3, 2009
Before: MOORE and WHITE, Circuit Judges; TARNOW, District Judge.

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OPINION
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KAREN NELSON MOORE, Circuit Judge. Defendant-Appellant Robert Shafer (“Shafer”) appeals his sentence of 360 months of imprisonment resulting from his guilty plea to one count of enticing a minor to engage in sexually explicit conduct for the purposes of producing visual depictions of such conduct and which were produced using material which had been shipped and transported in interstate and foreign commerce in violation of 18 U.S.C. § 2251(a) and his agreement to a forfeiture demand pursuant to 18 U.S.C. §§ 2253(a)(1) and (a)(3). Specifically, Shafer admitted to causing “an elevenyear- old boy to undress and engage in sexually explicit conduct, including, but not limited to, masturbation and the lascivious exhibition of his genitals and pubic area. [Shafer] produced seven (7) digital images of the sexually explicit conduct using materials which had been shipped and transported in interstate and foreign commerce, including, but not limited to, a Sony Mavica brand digital camera that was manufactured outside of the State of Michigan.” Joint Appendix (“J.A.”) at 14-15 (Indictment at 1-2). Shafer’s sole argument on appeal is that the district court clearly erred at sentencing when it imposed a two-level enhancement pursuant to the U. S. SENTENCING GUIDELINES MANUAL (“U.S.S.G.”) § 2G2.1(b)(2)(A) (2006). For the reasons discussed below, we VACATE Shafer’s sentence and REMAND for resentencing.


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WILLIAM GARNER,
Petitioner-Appellant,
v.
BETTY MITCHELL, Warden,
Respondent-Appellee.


No. 02-3552

Appeal from the United States District Court
for the Southern District of Ohio at Columbus.
No. 98-00870—James L. Graham, District Judge.
Argued: June 4, 2008
Decided and Filed: March 3, 2009
Before: BOGGS, Chief Judge; MARTIN, BATCHELDER, DAUGHTREY, MOORE,
COLE, CLAY, GILMAN, GIBBONS, ROGERS, SUTTON, McKEAGUE, and
GRIFFIN, Circuit Judges.

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OPINION
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ROGERS, Circuit Judge. Habeas corpus relief was properly denied in this case because William Garner validly waived his Miranda rights, notwithstanding expert testimony—based in part on a test administered six years later—to the effect that Garner mentally could not have sufficiently understood the scope of what Miranda protects. In 1992, Garner burglarized and set fire to an apartment in Cincinnati, Ohio, killing five children who he knew were sleeping inside. After he was arrested and advised of his Miranda rights, Garner agreed to speak with police officers and confessed on tape to setting the fire. The confession was admitted at trial and Garner was eventually convicted by a jury on, among other charges, five counts of aggravated murder, and sentenced to death. The Ohio state courts affirmed Garner’s convictions and sentence on direct and collateral review, and Garner filed this 28 U.S.C. § 2254 action in federal district court, raising twenty-three grounds for relief. The district court denied Garner’s habeas petition on all twenty-three grounds, and Garner now raises four grounds on appeal, three of which relate to the Miranda waiver. Because the record shows that Garner knowingly and intelligently waived his Miranda rights before he confessed to his crimes, and because Garner’s other claims lack merit, Garner is not entitled to habeas relief.