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R. ALEXANDER ACOSTA, Secretary of Labor,
Plaintiff-Appellee,
v.
CATHEDRAL BUFFET, INC.; ERNEST ANGLEY,
Defendants-Appellants.
   No. 17-3427
Appeal from the United States District Court
for the Northern District of Ohio at Akron.
No. 5:15-cv-01577—Benita Y. Pearson, District Judge.
Argued: December 6, 2017
Decided and Filed: April 16, 2018
Before: SILER, KETHLEDGE, and THAPAR, Circuit Judges.


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OPINION
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SILER, Circuit Judge. The Grace Cathedral church operates a restaurant on its Cuyahoga Falls, Ohio, campus called Cathedral Buffet. For many years, Cathedral Buffet was open to the public and was partially staffed by unpaid church members. Following a Department of Labor (DOL) suit and a bench trial, the district court found that the restaurant’s use of unpaid labor violated the minimum wage requirement of the Fair Labor Standards Act (FLSA).

However, to be considered an employee within the meaning of the FLSA, a worker must first expect to receive compensation. Tony & Susan Alamo Found. v. Sec’y of Labor, 471 U.S. 290, 302 (1985); Walling v. Portland Terminal Co., 330 U.S. 148, 152 (1947). It is undisputed that the volunteers who worked at Cathedral Buffet had no such expectation. We therefore REVERSE and REMAND.



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MIRIAM GUTIERREZ,
Petitioner,
v.
JEFFERSON B. SESSIONS, III, Attorney General,
Respondent.
   No. 17-3749
On Petition for Review from the Board of Immigration Appeals;
No. A 035 381 061.
Decided and Filed: April 16, 2018
Before: SILER, BATCHELDER and DONALD, Circuit Judges.


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OPINION
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BERNICE BOUIE DONALD, Circuit Judge. Petitioner Miriam Gutierrez (“Gutierrez”), a Lawful Permanent Resident (“LPR”), seeks judicial review of the Board of Immigration Appeals (“BIA”) affirmance of the Immigration Judge’s (“IJ”) denial of her application for cancellation of removal under 8 U.S.C. § 1229b(a), and granting the motion of the Department of Homeland Security (“DHS”) to pretermit the application on the grounds that Gutierrez failed to establish that her convictions were not aggravated felonies. An LPR who has been “convicted” of an “aggravated felony” is disqualified from cancellation under § 240A(a)(3) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1229b(a)(3). In this appeal, we are called upon to decide, where an alien was convicted under a divisible criminal statute and the record is inconclusive as to whether the conviction was for an aggravated felony, whether such inconclusiveness defeats the alien’s eligibility for relief or, rather, should be construed in the alien’s favor, thereby establishing eligibility. For the reasons stated herein, we DENY the petition and AFFIRM the BIA’s order.



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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
MICHAEL TAYLOR GARDNER,
Defendant-Appellant.
   No. 17-1672
Appeal from the United States District Court
for the Eastern District of Michigan at Detroit.
No. 2:16-cr-20135-1—Gershwin A. Drain, District Judge.
Decided and Filed: April 16, 2018
Before: BATCHELDER, SUTTON, and WHITE, Circuit Judges.


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OPINION
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SUTTON, Circuit Judge. Michael Gardner shared a cell phone with his seventeen-yearold girlfriend, B.H., to facilitate her “sex dates” with other men. When one of B.H.’s clients turned out to be an undercover officer, she agreed to let police search the phone. A jury convicted Gardner of trafficking a minor for sex and producing child pornography, primarily based on evidence recovered from the phone. On appeal, Gardner urges us to vacate his convictions on the ground that the district court erroneously admitted the phone evidence during the trial, among other alleged errors. We decline the invitation and affirm.



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In re: JOHN JOSEPH LOUIS JOHNSON, III,
Debtor.
   No. 16-8045
Appeal from the United States Bankruptcy Court
for the Southern District of Ohio at Columbus.
No. 14-57104—John E. Hoffman, Jr., Judge.
Argued: November 14, 2017
Decided and Filed: April 16, 2018
Before: HARRISON, OPPERMAN, and WISE, Bankruptcy Appellate Panel Judges.


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OPINION
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MARIAN F. HARRISON, Bankruptcy Appellate Panel Judge. RFF Family Limited Partnership, LP (“RFF”) appeals from the bankruptcy court’s Order Confirming the Third Amended Plan of Reorganization (“Confirmed Plan”) of John Joseph Louis Johnson, III (“debtor”). The debtor argues that this appeal is constitutionally and equitably moot. Although the bankruptcy court properly confirmed the debtor’s Confirmed Plan, the Panel agrees with the debtor that this appeal is equitably moot. For the reasons set forth below, the Panel dismisses the appeal of RFF as equitably moot.