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RITA MCDANIEL, Individually and as Personal Representative of the Estate of Johnny F. McDaniel, Deceased,
Plaintiff-Appellant,
v.
UPSHER-SMITH LABORATORIES, INC.,
Defendant-Appellee.
   No. 17-5741
Appeal from the United States District Court
for the Western District of Tennessee at Memphis.
No. 2:16-cv-02604—Jon Phipps McCalla, District Judge.
Argued: April 10, 2018
Decided and Filed: June 29, 2018
Before: COLE, Chief Judge; SILER and COOK, Circuit Judges.


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OPINION
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COOK, Circuit Judge. Rita McDaniel’s husband died after taking a course of a prescription drug manufactured by Upsher-Smith Laboratories, Inc. She sued, alleging that Upsher-Smith’s failure to ensure that a Medication Guide accompanied the prescription led to her husband ingesting—and dying because of—a drug that wasn’t meant for him. We are tasked with deciding whether the Federal Food, Drug, and Cosmetic Act (“FDCA”) impliedly preempts McDaniel’s Tennessee failure-to-warn claims premised solely on Upsher-Smith’s failure to provide the Medication Guide as required by FDA regulations. It does. We AFFIRM.



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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
MARCUS D. FLEMING,
Defendant-Appellant.
   No. 17-3954
Appeal from the United States District Court
for the Northern District of Ohio at Akron.
No. 5:17-cr-00081-1—John R. Adams, District Judge.
Argued: June 13, 2018
Decided and Filed: June 29, 2018
Before: KEITH, ROGERS, and KETHLEDGE, Circuit Judges.


_________________________
OPINION
_________________________

ROGERS, Circuit Judge. Marcus Fleming was convicted of a cocaine offense, and the United States Sentencing Guidelines provided for a recommended sentence of 60 months’ imprisonment. At his sentencing hearing, the district court doubled that. It did so based in large part on a brief local news article that described a recent surge in drug overdose deaths, mostly due to powerful opioids like fentanyl. Neither this article, nor the underlying Ohio state report on which it was based, was provided to the parties before the start of the sentencing hearing. Nor was Fleming notified before the hearing that the district court planned to consider the article or the issues it addressed. Because this procedure denied Fleming a meaningful opportunity to comment on information that led to a substantial increase in his sentence, the resulting sentence was procedurally unreasonable.