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ABERRY COAL, INCORPORATED; ARROWPOINT CAPITAL INC., c/o Underwriters Safety & Claims,
Petitioners,
v.
JOSEPH FLEMING; DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR,
Respondents.
   No. 15-3999
On Petition for Review of an Order
of the Benefits Review Board.
No. 14-0329 BLA.
Decided and Filed: December 1, 2016
Before: BATCHELDER and KETHLEDGE, Circuit Judges; LEVY, District Judge.


_________________________
OPINION
_________________________

JUDITH E. LEVY, District Judge. Under the Black Lung Benefits Act (“BLBA”), an Administrative Law Judge (“ALJ”) must determine, using a reasonable method of calculation and based on substantial evidence, how long a coal worker was employed in coal-mine work. If the length of employment was more than fifteen years, the worker is entitled to a presumption of total disability under the BLBA. The ALJ who heard Joseph Fleming’s claim determined that Fleming established over sixteen years of coal-mine employment, and was entitled to that presumption. The Benefits Review Board of the Department of Labor (“the Benefits Review Board”) affirmed that determination, and awarded Fleming BLBA benefits.

The evidence presented at the hearing, however, did not and could not have established that Fleming had over sixteen years of coal-mine employment, or even the fifteen necessary for the presumption of total disability. Accordingly, we vacate the Board’s award of benefits, and remand for rehearing consistent with this opinion.



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GENESIS HILL,
Petitioner-Appellee/Cross-Appellant,
v.
BETTY MITCHELL, Warden,
Respondent-Appellant/Cross-Appellee.
   Nos. 13-3412/3492
Appeal from the United States District Court
for the Southern District of Ohio at Cincinnati.
No. 1:98-cv-00452—Edmund A. Sargus, Jr., Chief District Judge.
Argued: January 27, 2016
Decided and Filed: December 1, 2016
Before: COLE, Chief Judge; BATCHELDER and McKEAGUE, Circuit Judges.


_________________________
OPINION
_________________________

McKEAGUE, Circuit Judge. An Ohio jury convicted Genesis Hill of kidnapping and murdering his infant daughter and sentenced him to death. The district court held that the prosecution violated the rule of Brady v. Maryland, 373 U.S. 83 (1963), by suppressing favorable evidence—a police report and the baby’s mother’s grand jury testimony—and granted a conditional writ of habeas corpus. However, Hill violated a congressionally mandated procedural requisite to habeas relief by bringing his Brady claim well beyond AEDPA’s oneyear statute of limitations period. Because Hill’s Brady claim is procedurally barred and is otherwise without merit, and because his other grounds for relief are also without merit, we reverse the grant of habeas relief.