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HENRY HILL, et al.,
Plaintiffs-Appellants,
v.
RICK SNYDER, et al.,
Defendants-Appellees.
   No. 17-1252
Appeal from the United States District Court
for the Eastern District of Michigan at Ann Arbor.
No. 5:10-cv-14568—John Corbett O’Meara, District Judge.
Argued: September 13, 2017
Decided and Filed: December 20, 2017
Before: MERRITT, STRANCH, and DONALD, Circuit Judges.


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OPINION
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JANE B. STRANCH, Circuit Judge. Since 2010, Plaintiffs have sought federal court review of the punishments Michigan may constitutionally impose on individuals convicted of first-degree murder for acts they committed as children. When we last considered this case, the legal landscape had changed in a few fundamental ways: The Supreme Court had twice ruled that the unique characteristics of youth must factor into sentencing decisions for juvenile offenders facing life imprisonment, and the Michigan Legislature had amended its statutory scheme to implement these rulings. Recognizing the import of these developments, we remanded the case to the district court with express instructions that the parties be authorized to amend the pleadings. The Plaintiffs heeded our opinion and filed a Second Amended Complaint (SAC) in June 2016. Now, as before, they assert that Michigan’s sentencing scheme and parole system deny youth offenders a meaningful opportunity for release. The district court determined that jurisprudential concerns barred Plaintiffs’ claims and dismissed the SAC in its entirety.

Although we agree that certain claims in the SAC may not proceed, we do not find that the concerns articulated by the district court require dismissal of the entire action. Accordingly, for the reasons that follow, we AFFIRM the district court’s dismissal of Counts I and II, REVERSE the district court’s dismissal of Counts IV, V, and VI, and REMAND for further proceedings consistent with this decision.



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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
LUKE D. PATTERSON,
Defendant-Appellant.
   No. 17-3706
Appeal from the United States District Court
for the Northern District of Ohio at Akron.
No. 5:14-cr-00289-1—James S. Gwin, District Judge.
Decided and Filed: December 20, 2017
Before: CLAY, SUTTON, and GRIFFIN, Circuit Judges.


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OPINION
_________________________

SUTTON, Circuit Judge. In a prior appeal by Luke Patterson, we determined that “the district court should have sentenced him as an armed career criminal” because he had three previous convictions for a violent felony. The district court heeded those instructions on remand.

We affirm.