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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
MYRON BAKER,
Defendant-Appellant.


No. 07-5412

Appeal from the United States District Court
for the Eastern District of Tennessee of Chattanooga.
No. 06-00069—Curtis L. Collier, Chief District Judge.
Submitted: March 3, 2009
Decided and Filed: March 16, 2009
Before: KEITH, COLE, and McKEAGUE, Circuit Judges.

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OPINION
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McKEAGUE, Circuit Judge. Defendant Myron Baker appeals the 300-month sentence he received following his guilty plea for conspiracy to distribute cocaine hydrochloride. For the reasons stated below, we AFFIRM in part, REVERSE in part, and REMAND to the district court for the limited purpose of resentencing defendant after determining whether he qualifies as a career offender under the Sentencing Guidelines.


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ABDUL AWKAL,
Petitioner-Appellant,
v.
BETTY MITCHELL,
Respondent-Appellee.


No. 01-4278

Appeal from the United States District Court
for the Northern District of Ohio at Cleveland.
No. 00-00252—Donald C. Nugent, District Judge.
Argued: October 22, 2008
Decided and Filed: March 16, 2009
Before: MOORE, COLE, and GILMAN, Circuit Judges.

_________________________
OPINION
_________________________

KAREN NELSON MOORE, Circuit Judge. In 1992, an Ohio jury convicted Petitioner-Appellant, Abdul Awkal (“Awkal”), of two counts of aggravated murder with prior calculation and design with mass-murder and firearm specifications. The trial court sentenced Awkal to death as recommended by the jury. Awkal now appeals the district court’s decision to deny his petition for a writ of habeas corpus. We granted a certificate of appealability allowing Awkal to raise claims of ineffective assistance of counsel at the guilt and penalty phases and of prosecutorial misconduct.

We hold that Awkal’s counsel provided ineffective assistance at the guilt phase of trial by calling an expert witness who testified that Awkal was sane at the time of the murders, an opinion that directly contradicted Awkal’s only defense. Because we REVERSE the district court’s judgment based on this conclusion, we do not decide whether Awkal’s counsel was ineffective at the penalty phase of trial or whether the prosecutor’s statements implying that Awkal would be set free if the jury found him not guilty by reason of insanity constituted prosecutorial misconduct. Accordingly, we REVERSE the district court’s judgment and REMAND this case with instructions that the district court issue a conditional writ of habeas corpus requiring Awkal’s release unless the State of Ohio commences a new trial within 180 days from the date that this judgment becomes final.


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CHRISTOPHER J. PAGAN,
Plaintiff-Appellee,
v.
VILLAGE OF GLENDALE, OHIO,
Defendant-Appellant.


No. 08-3679

Appeal from the United States District Court
for the Southern District of Ohio at Cincinnati.
No. 03-00541—Sandra S. Beckwith, District Judge.
Submitted: March 12, 2009
Decided and Filed: March 16, 2009
Before: MARTIN and GILMAN, Circuit Judges; ZOUHARY, District Judge.

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OPINION
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BOYCE F. MARTIN, JR., Circuit Judge. In this appeal, the Village of Glendale, Ohio challenges the district court’s entry of final judgment for Plaintiff Christopher Pagan after we issued an en banc decision Pagan’s favor. Pagan v. Fruchey, 492 F.3d 766 (6th Cir. 2007), cert. denied, 128 S. Ct. 711 (2007) (“Pagan I”). The question in this case is what “further proceedings” we instructed the district court to hold when we reversed and remanded Pagan’s case for “further proceedings consistent with this opinion” in Pagan I. Id. at 779. Glendale contends that we meant for the case to “proceed[] as if Glendale’s motion for summary judgment had never been filed,” and that in refusing to allow Glendale to re-litigate the constitutionality of its statute, the district court misinterpreted our mandate. But Glendale misreads Pagan I. We decided the merits of Pagan’s claim in Pagan I in his favor and invalidated the ordinance he challenged. Accordingly, we AFFIRM.