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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
JAMES ROGERS,
Defendant-Appellant.


No. 08-6181

Appeal from the United States District Court
for the Western District of Tennessee at Memphis.
No. 07-20364-001—Jon Phipps McCalla, Chief District Judge.
Argued: December 3, 2009
Decided and Filed: February 8, 2010
Before: GRIFFIN and KETHLEDGE, Circuit Judges; CARR, Chief District Judge.

_________________________
OPINION
_________________________

KETHLEDGE, Circuit Judge. James Rogers pled guilty to being a felon in possession of a firearm, 18 U.S.C. § 922(g), and now challenges his sentence. Because the district court correctly calculated Rogers’s advisory range under the Sentencing Guidelines, we affirm.


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SONYA L. HALL,
Plaintiff-Appellant/Cross-Appellee,
v.
LIBERTY LIFE ASSURANCE COMPANY OF BOSTON,
Defendant,
NATIONAL CITY CORPORATION WELFARE BENEFITS PLAN,
Defendant-Appellee/Cross-Appellant.


Nos. 08-4738/4739

Appeal from the United States District Court
for the Northern District of Ohio at Cleveland.
No. 07-00649—John R. Adams, District Judge.
Argued: December 4, 2009
Decided and Filed: February 8, 2010
Before: SILER, GILMAN, and ROGERS, Circuit Judges.

_________________________
OPINION
_________________________

RONALD LEE GILMAN, Circuit Judge. Sonya Hall received long-term disability benefits for nearly five years through the National City Corporation Welfare Benefits Plan (the Plan). Liberty Life Assurance Company of Boston (Liberty Life), the third-party claims administrator, terminated these benefits when it determined that Hall was no longer totally disabled. The Plan then sought reimbursement for overpayments caused by retroactive Social Security benefits’ being awarded to Hall. Hall responded by filing suit against the Plan.

Concluding that the termination of her long-term disability benefits was not arbitrary and capricious, the district court denied Hall’s claim for reinstatement and further found that the Plan was entitled to partial reimbursement. The court also imposed an equitable lien on Hall’s Social Security benefits to allow the Plan to recover the overpayments. Hall has appealed these decisions, and the Plan has cross-appealed the district court’s denial of its request for attorney fees pursuant to 28 U.S.C. § 1927. For the reasons set forth below, we AFFIRM the judgment of the district court regarding the Plan’s termination of benefits and its claim for partial reimbursement, VACATE the district court’s imposition of an equitable lien on Hall’s Social Security benefits and its denial of attorney fees to the Plan, and REMAND the case to the district court for reconsideration of the equitable-lien and attorney-fees issues.


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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
STEPHEN LEE BOWERS,
Defendant-Appellant.


No. 08-2412

Appeal from the United States District Court
for the Eastern District of Michigan at Detroit.
No. 07-20208-001—Gerald E. Rosen, Chief District Judge.
Argued: January 21, 2010
Decided and Filed: February 8, 2010
Before: MERRITT, MOORE, and GIBBONS, Circuit Judges.

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OPINION
_________________________

KAREN NELSON MOORE, Circuit Judge. This case requires us to address the continued viability of an as-applied Commerce Clause challenge to a child-pornography conviction under 18 U.S.C. § 2251(a) and 18 U.S.C. § 2252(a)(4)(B), following the Supreme Court’s decision in Gonzales v. Raich, 545 U.S. 1 (2005). Because Raich makes clear that if a “general regulatory statute bears a substantial relation to commerce, the de minimis character of individual instances arising under that statute is of no consequence,” Raich, 545 U.S. at 17 (internal quotation marks omitted), Defendant Stephen Lee Bowers’s claim that his wholly intrastate, homemade child pornography falls outside the purview of congressional legislative power is meritless. In so holding, we now recognize explicitly that United States v. Corp, 236 F.3d 325 (6th Cir. 2001), is no longer the law of the Circuit. Bowers’s additional challenge to the private-citizen search that uncovered incriminating evidence is also unavailing. We thus AFFIRM the judgment of the district court.