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MARK BROWN; CHERYL BROWN,
Plaintiffs-Appellants,
v.
BATTLE CREEK POLICE DEPARTMENT, et al.,
Defendants,

JEFFREY CASE; CITY OF BATTLE CREEK; CHRISTOF KLEIN, DAMON YOUNG,
Defendants-Appellees.
   No. 16-1575
Appeal from the United States District Court
for the Western District of Michigan at Grand Rapids.
No. 1:15-cv-00283—Robert J. Jonker, Chief District Judge.
Argued: December 1, 2016
Decided and Filed: December 19, 2016
Before: MOORE and CLAY, Circuit Judges; HOOD, District Judge.


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OPINION
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CLAY, Circuit Judge. In this 42 U.S.C. § 1983 action, Plaintiffs Mark Brown and Cheryl Brown (collectively, “Plaintiffs”) seek to hold Officers Christof Klein, Damon Young, and Jeffrey Case (collectively, “Individual Officers” or “officers”) of the City of Battle Creek Police Department (“BCPD”) and the City of Battle Creek (“City”) (collectively, “Defendants”) liable for unlawfully seizing their property in violation of the Fourth Amendment when the officers shot and killed their two dogs while executing a search warrant. The district court granted Defendants’ motion for summary judgment and entered judgment in favor of Defendants. Plaintiffs appeal the judgment.

For the reasons set forth in this opinion, we AFFIRM the district court’s judgment.



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DONALD RAY MIDDLEBROOKS,
Petitioner-Appellant,
v.
WAYNE CARPENTER, Warden,
Respondent-Appellee.
   No. 14-6061
Appeal from the United States District Court
for the Middle District of Tennessee at Nashville.
No. 3:03-cv-00814—William J. Haynes, Jr., District Judge.
Decided and Filed: December 19, 2016
Before: MOORE, CLAY, and WHITE, Circuit Judges.


_________________________
OPINION
_________________________

KAREN NELSON MOORE, Circuit Judge. Petitioner-Appellant Donald Middlebrooks appeals from the district court’s denial of his petition for a writ of habeas corpus. Middlebrooks was convicted in Tennessee state court for the 1987 kidnapping and murder of Kerrick Majors, a fourteen-year-old African American. A jury sentenced Middlebrooks to death. This is Middlebrooks’s second appeal from the denial of his habeas claims. In 2010, we affirmed the district court’s first dismissal of Middlebrooks’s petition; the Supreme Court vacated our decision, however, in light of the Court’s holding in Martinez v. Ryan, 132 S. Ct. 1309 (2012). On remand, the district court concluded that Middlebrooks was not entitled to relief under Martinez and Trevino v. Thaler, 133 S. Ct. 1911 (2013). For the reasons discussed below, we AFFIRM the district court’s judgment denying Middlebrooks’s habeas petition.



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UNITED STATES OF AMERICA,
Plaintiff-Appellant,
v.
MATTHEW OTIS CHARLES,
Defendant-Appellee.
   No. 15-6074
Appeal from the United States District Court
for the Middle District of Tennessee at Nashville.
No. 3:96-cr-00051—Kevin H. Sharp, Chief District Judge.
Argued: December 1, 2016
Decided and Filed: December 19, 2016
Before: GIBBONS, SUTTON, and WHITE, Circuit Judges.


_________________________
OPINION
_________________________

SUTTON, Circuit Judge. Matthew Charles sought and obtained a reduced sentence under guidelines amendments 706 and 750, which lowered the recommended sentencing ranges for crack cocaine offenses. Charles acknowledges that, if the original sentencing court found him to be a career offender, these amendments would not decrease his guidelines range and thus would not permit a sentence reduction. Because a panel of this court previously held that Charles was a career offender on his direct appeal, we reverse.