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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
LEADRICK BEASLEY,
Defendant-Appellant.


No. 08-5164

Appeal from the United States District Court
for the Western District of Tennessee at Memphis.
No. 07-20129-001—Bernice B. Donald, District Judge.
Argued: August 5, 2009
Decided and Filed: October 8, 2009
Before: SILER, MOORE, and GRIFFIN, Circuit Judges.

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OPINION
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GRIFFIN, Circuit Judge. Leadrick Beasley appeals his conviction of one count of felon in possession of ammunition in violation of 18 U.S.C. § 922(g). He argues that his conviction should be vacated on the ground that the district court constructively amended his indictment by instructing the jury that it could convict him if it found that he possessed any caliber of ammunition when the indictment charged him with possessing .25 caliber ammunition but the evidence at trial showed that he actually possessed .22 caliber ammunition. Beasley also contends that the district court abused its discretion by denying his request for a mistrial after the prosecutor asked Beasley on cross-examination whether he told Wilma Mack (Beasley’s girlfriend) to “go see my lawyer he’ll tell you what to say.” We disagree and affirm.


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UNITED STATES OF AMERICA,
Plaintiff-Appellant,
v.
DOUGLAS FRECHETTE,
Defendant-Appellee.


No. 08-2191

Appeal from the United States District Court
for the Western District of Michigan at Grand Rapids.
No. 08-00126-001—Janet T. Neff, District Judge.
Argued: August 6, 2009
Decided and Filed: October 8, 2009
Before: MOORE and ROGERS, Circuit Judges; THAPAR, District Judge.

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OPINION
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THAPAR, District Judge. The issue in this case is whether it is probable that someone who pays approximately $80 for a subscription to a web site is likely to use that subscription. Because we hold that it is probable, we REVERSE the district court and REMAND this case.


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AMANDA MORRISON, et al.,
Plaintiffs-Appellees,
v.
BOARD OF TRUSTEES OF GREEN TOWNSHIP, et al.,
Defendants,
SCOTT CELENDER,
Defendant-Appellant.


No. 08-3051

Appeal from the United States District Court
for the Southern District of Ohio at Cincinnati.
No. 03-00755—Susan J. Dlott, Chief District Judge.
Argued: June 19, 2009
Decided and Filed: October 8, 2009
Before: KEITH, CLAY, and GIBBONS, Circuit Judges.

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OPINION
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KEITH, Circuit Judge. Defendant-Appellant Officer Scott Celender (“Officer Celender”) appeals the district court’s partial denial of his motion for summary judgment in this 42 U.S.C. § 1983 action, in which Plaintiff-Appellee Amanda Morrison (“Amanda”) claims Officer Celender violated her constitutional right to be free from the use of excessive force when he: (1) refused to loosen her handcuffs during lawful detainment after receiving complaints that they were too tight; and (2) pushed her face into the ground multiple times after she was already handcuffed and subdued. Officer Celender raises a qualified immunity defense. For the following reasons, we AFFIRM the district court’s partial denial of Officer Celender’s Motion for Summary Judgment.