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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
PABLO HERNANDEZ,
Defendant-Appellant.
   No. 17-5448
Appeal from the United States District Court
for the Eastern District of Kentucky at Lexington.
No. 5:16-cr-00049-1—Danny C. Reeves, District Judge.
Decided and Filed: January 17, 2018
Before: ROGERS, McKEAGUE, and WHITE, Circuit Judges.


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OPINION
_________________________

McKEAGUE, Circuit Judge. Pablo Hernandez pled guilty to conspiring to distribute 2 kilograms of cocaine. Hernandez was to receive the 2 kilograms from a larger, 28-kilogram shipment of cocaine as payment for an outstanding debt. At sentencing, the district court held Hernandez responsible for all 28 kilograms because he volunteered to locate the whole shipment after it had gone missing prior to delivery. Hernandez objects to this finding and insists that he should be sentenced based solely on the 2 kilograms he was slated to personally receive. If held responsible for the entire shipment, he seeks, in the alternative, a minor-participant reduction for his reduced role in the conspiracy. He also objects to a two-point enhancement he received for maintaining a drug-involved premises. The district court was not persuaded, and neither are we. The judgment below is AFFIRMED.



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IN RE: JERRY WAYNE OAKES; JENNIFER ANN OAKES,
Debtors.
___________________________________________

DONALD F. HARKER, Trustee,
Plaintiff-Appellee,
v.
PNC MORTGAGE COMPANY,
Defendant-Appellant.
   No. 17-8005
Appeal from the United States Bankruptcy Court
for the Southern District of Ohio at Dayton.
No. 13-33828—Lawrence S. Walter, Judge.
Argued: November 14, 2017
Decided and Filed: February 6, 2018
Before: HARRISON, OPPERMAN, and WISE, Bankruptcy Appellate Panel Judges.


_________________________
OPINION
_________________________

DANIEL S. OPPERMAN, Chief Bankruptcy Appellate Panel Judge. PNC Mortgage Company (“PNC”) requests that this Panel hold that the Chapter 7 Trustee, Donald F. Harker (“Trustee”), cannot avoid its mortgage under 11 U.S.C. § 541(a)(1) as a hypothetical lien creditor. PNC argues that the Ohio Supreme Court addressed similar issues regarding a trustee’s avoidance powers as a bona fide purchaser, and the Ohio Legislature subsequently amended its statutes to limit a trustee’s avoidance powers. The Panel granted leave to appeal to resolve a split in the Ohio bankruptcy courts. Because the Panel finds that the Ohio Supreme Court did not address the Trustee’s avoidance powers as a hypothetical judicial lien creditor, and the Ohio Legislature did not make its amendments retroactive, we affirm the bankruptcy court’s order denying PNC’s motion for judgment on the pleadings.