The Defendant, Jarrett Michael Tolley, pleaded guilty to multiple theft- and fraud-related charges in the Washington County Criminal Court, for which she received a sentence of seven years’ incarceration suspended to fifteen years on community corrections. The sentence was ordered to be served consecutively to a sentence of two years’ incarceration imposed in an unrelated case in Carter County, which resulted in a sentence of six years on community corrections, for an effective sentence of twenty-one years to be served on community corrections. The Defendant filed a motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1, which the trial court denied. On appeal, the Defendant contends that the trial court erred in denying relief. We affirm the judgment of the trial court.

KAREN NELSON MOORE, Circuit Judge. In 2011, Nickless Whitson participated in two Hobbs Act robberies. He was charged with and convicted of eight crimes at trial and sentenced to 1,252 months of incarceration. After several appeals, through which four of his convictions were vacated, he was resentenced in May of 2022 to 360 months of incarceration. Whitson contends that his sentence was procedurally and substantively unreasonable. He argues that the district court made four errors: first, it speculated that Whitson’s difficult upbringing made him more likely to reoffend, in spite of evidence to the contrary; second, it failed to make an “individualized assessment” of Whitson’s background; third, it impermissibly required Whitson to admit his guilt in order to consider fully evidence of his rehabilitation while incarcerated; and fourth, it did not properly weigh the evidence of his rehabilitation. We conclude that the district court committed plain error by requiring Whitson to admit his guilt in order to consider fully the evidence of his rehabilitation. We therefore VACATE Whitson’s sentence and REMAND for resentencing.

JANE B. STRANCH, Circuit Judge. In January 2019, Officer Christopher Mannella fatally shot James Burroughs at an apartment complex in Niles, Ohio. On behalf of Burroughs’s estate, Timothy Raimey brought this action under 42 U.S.C. § 1983 and state law against the City of Niles and several involved police officers. The Defendants moved for summary judgment, which Raimey did not oppose except as to his claims against Mannella. The district court granted summary judgment to the other Defendants but denied Mannella’s assertions of qualified and state law immunity, allowing Raimey’s claims of excessive force, wrongful death, assault and battery, and reckless conduct, to proceed against Mannella. Mannella timely appealed. We deny Raimey’s motion to dismiss the appeal and affirm the denial of qualified immunity to Mannella.

BOGGS, Circuit Judge. International Outdoor, Inc. (“International Outdoor”) sought permission to erect billboards in the City of Troy. After the City denied International Outdoor’s permit application and request for a variance, International Outdoor sued, claiming that the City’s sign ordinance (“Ordinance”) violated the First Amendment. International Outdoor argued that the Ordinance’s variance procedure imposed an invalid prior restraint and that its permit exceptions were content-based restrictions on free speech.

In a prior appeal, we affirmed the district court’s grant of summary judgment to the City on International Outdoor’s prior-restraint claim. But we reversed the district court’s dismissal of the content-based-restriction claim and remanded for the court to consider whether the Ordinance, with the permit exceptions, survived strict scrutiny. While it does not, the permit exceptions are, as the district court held on remand, severable, leaving intact the Ordinance’s height, size, and setback requirements. Because International Outdoor’s proposed billboards do not satisfy these valid, content-neutral standards, we affirm.

CHAD A. READLER, Circuit Judge. Gerald Lynn Campbell brandished a pistol and told a group of laborers that he had a bullet for each of them. Following an indictment, Campbell pleaded guilty to being a felon in possession of a firearm. The district court sentenced him to fifteen years’ imprisonment, concluding that Campbell’s prior convictions for robbery and drug offenses triggered the Armed Career Criminal Act’s mandatory minimum. Campbell appealed, challenging his sentence. We affirm. 

The Defendant, Demetrice Livingston, was convicted by a Dyer County Circuit Court jury of second degree murder and was sentenced by the trial court as a Range I offender to twenty years at 100% in the Department of Correction, to be served consecutively to his sentence in a drug case for which he had been sentenced to probation. The Defendant raises three issues on appeal: (1) whether the evidence was sufficient to sustain his conviction; (2) whether the trial court imposed an excessive sentence; and (3) whether the State made an improper closing argument by referencing facts not in evidence and making a comment that impermissibly bolstered the testimony of a State’s witness. Based on our review, we affirm the judgment of the trial court but remand for the trial court to enter an amended judgment imposing a concurrent sentence.

In this lawsuit between former law partners, a jury returned a verdict in favor of Appellees. The instant appeal involves Appellees’ attempt to collect their judgment. The trial court held that Appellant’s qualified rollover IRA is not exempt from garnishment, attachment and execution under Tennessee Code Annotated sections 26-2-105, 26-2-111(1)(D), 26-2- 26, and 56-7-203. The trial court also determined that a recreational vehicle was not held as a tenancy by the entirety and was subject to attachment and execution as Appellant’s individually-owned property. We reverse.

This is the second appeal in this matter. The employee alleged a work-related injury to her right shoulder when she moved a heavy package from a shelf. The employer initially provided medical care but later denied the claim, asserting the employee failed to give timely notice of her alleged injury. At an expedited hearing, the employee sought temporary disability benefits, medical benefits, and attorneys’ fees for the employer’s alleged wrongful denial of the claim. The trial court determined the employee was likely to prevail at trial in showing that she provided timely verbal notice, that she had a reasonable excuse for not providing written notice, and that she suffered an injury arising primarily out of the employment. The court awarded medical benefits but denied temporary disability benefits and delayed ruling on her request for attorneys’ fees until a hearing on the merits and final determination as to the compensability of the claim. In the first appeal, we affirmed the trial court’s interlocutory order. At trial, the court concluded the employee had proven by a preponderance of the evidence that her injury arose primarily out of her employment. The court awarded permanent partial disability benefits, future medical benefits, mileage reimbursement, payment of past medical bills, and a period of temporary total disability benefits. The court also awarded attorneys’ fees for the employee’s attorney’s efforts to enforce the employer’s compliance with the previously appealed court order. It declined, however, to award attorneys’ fees for the employer’s alleged wrongful denial of the claim. The employee has appealed. Upon careful consideration of the record, we affirm the trial court’s decision and certify it as final.

The Board of Claims voted earlier this month to award Adam Braseel $1 million for his wrongful imprisonment, reports the Chattanooga Times Free Press. Braseel served over 13 years for murder before being exonerated by Gov. Bill Lee in 2021. Braseel’s civil suit against the county government and officers of the sheriff’s department is pending.

A Germantown attorney filed a lawsuit Monday claiming the city failed to fulfill a public records request for documents related to last month’s diesel fuel spill, reports the Commercial Appeal. Residents first reported smelling diesel fuel in their water on July 20. Shortly after, the city issued an alert warning all residents to avoid city tap water. Officials initially said the diesel spill was around 100 gallons but later upgraded to "no more than 300 gallons.”