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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
CHRISTOPHER TODD RITCHEY,
Defendant-Appellant.
   No. 15-2460
Appeal from the United States District Court
for the Western District of Michigan at Grand Rapids.
No. 1:15-cr-00061—Robert J. Jonker, District Judge.
Argued: July 26, 2016
Decided and Filed: October 26, 2016
Before: SILER, GIBBONS, and KETHLEDGE, Circuit Judges.


_________________________
OPINION
_________________________

SILER, Circuit Judge. Christopher Ritchey appeals his sentence of fifteen years in prison pursuant to the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e), based on several prior convictions of a Michigan breaking and entering statute, Mich. Comp. Laws § 750.110. This appeal requires us to address the Supreme Court’s recent decision in Mathis v. United States, 136 S. Ct. 2243 (2016). Specifically, we must determine whether, in light of Mathis, a conviction under § 750.110 can qualify as a predicate “violent felony” under ACCA. Because the statute’s terms are broader than generic burglary, and it is not divisible under Mathis, we VACATE Ritchey’s sentence and REMAND for resentencing without an ACCA enhancement.



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KELLOGG COMPANY,
Petitioner/Cross-Respondent,
v.
NATIONAL LABOR RELATIONS BOARD.
Respondent/Cross-Petitioner,

BAKERY, CONFECTIONERY, TOBACCO WORKERS AND GRAIN MILLERS INTERNATIONAL UNION, AFLCIO; BAKERY, CONFECTIONERY, TOBACCO WORKERS AND GRAIN MILLERS LOCAL UNION 252-G,
Intervenors.
   Nos. 15-2031/2183
On Petition for Review and Cross-Application for
Enforcement of an Order of the National Labor Relations Board.
No. 15-CA-115259.
Argued: June 16, 2016
Decided and Filed: October 26, 2016
Before: SILER, BATCHELDER, and GIBBONS, Circuit Judges.


_________________________
AMENDED OPINION
_________________________

JULIA SMITH GIBBONS, Circuit Judge. The Kellogg Company (Kellogg) and the Bakery, Confectionery, Tobacco Workers and Grain Millers Local Union 252-G (the Union) began negotiations for a successor to their Memphis Agreement, a local collective bargaining agreement (CBA) that was to expire soon. Negotiations failed when the Union refused to negotiate with respect to any of Kellogg’s proposed revisions. Kellogg responded by locking out approximately 200 bargaining-unit employees. The National Labor Relations Board (the Board) found that Kellogg’s proposal effectively modified the terms of the unexpired Master Agreement, and therefore constituted an unlawful mid-term modification in violation of the National Labor Relations Act (NLRA). Because we conclude that the proposal did not modify the express terms of the Master Agreement and because Milwaukee Spring, 268 N.L.R.B. 601 (1984), disclaims the “effective modification” theory imposed by the Board in this case, we grant the petition for review, grant enforcement and affirm the Board’s decision with respect to the information-request finding, and vacate the rest of the Board’s decision.