United States v Flaugher

Flaugher appealed the warrantless search condition of his supervised release. The panel affirmed. It held that read as a whole, 28 USC 3583(d) allows warrantless search conditions for all crimes if certain conditions are met and the language about sex offenders in the statute is an additional grant of authority as it exempts certain sex offender sentences from the conditions.

Blue Mountain Energy v Director, Office of Workers’ Compensation Programs

Energy petitioned for review of the award of black lung benefits to one of its employees. The panel denied review. It held that eth administrative law judge did not error in considering the preamble to the applicable black lung disease regulations in evaluating the medical evidence in the record. The panel noted that in allowing, but not requiring, this use of the preamble, it was joining several other circuits which have decided the issue.