DO NOT PUBLISH PER CURIAM . Anthony Saffioti appeals his conviction for knowingly making a materially false statement in connection with the acquisition of a firearm, in violation of 18 U.S.C. 922(a)(6) and 2. He makes three arguments on appeal: that the district court abused its discretion when it denied (1) his motions for a continuance and (2) his motion for substitution of counsel. He also argues that (3) there was not sufficient evidence for a reasonable jury to have found him...
DO NOT PUBLISH PER CURIAM . This is an employment dispute. Thomas Monroe is a former correctional officer with the Florida Department of Corrections (FDOC) who was diagnosed with Post-Traumatic Stress Disorder (PTSD). He requested an indefinite leave of absence due to his PTSD, and, shortly thereafter, the FDOC terminated his employment. Monroe then filed this action, asserting claims of disability discrimination and retaliation, in violation of the Florida Civil Rights Act (FCRA), Fla....
DO NOT PUBLISH PER CURIAM . The Department of Homeland Security sought to remove Curt Martin Junior Robley from the United States based on his criminal record. An immigration judge dismissed Robley's application for cancelation of removal under 8 U.S.C. 1229b(a), and the Board of Immigration Appeals dismissed his appeal. 1 Robley now petitions for review of the Board's decision, contending that the Board should not have admitted and relied on a state appellate court decision as evidence...
DO NOT PUBLISH PER CURIAM . Sara Herrera appeals from the district court's grant of summary judgment in her lawsuit under the Jones Act, 46 U.S.C. 30104, alleging that she was injured as a result of negligence by her employer, 7R Charter Limited. The district court granted 7R Charter's motion for summary judgment, finding that Herrera failed to present a genuine issue of fact as to whether she was acting within the course and scope of her employment when she was injured. After careful...
DO NOT PUBLISH PER CURIAM . Deepak Magar Budha, a native and citizen of Nepal, petitions for review of the Board of Immigration Appeals' (BIA) dismissal of his appeal of the Immigration Judge's (IJ) order of removal based on his failure to submit an asylum application by the deadline imposed by the IJ. After review, we dismiss in part and deny in part. Budha argues for the first time in his petition for review that his counsel was ineffective for failing to timely file the asylum...
NEWSOM , Circuit Judge : The liver is one of the human body's most vital and versatile organs. Among its 500-some-odd functions, the liver cleans the blood, regulates amino acids, produces critical proteins, manages blood clotting, and facilitates digestion. But that's when things go right. Far too often—and due to a variety of causes—things can go wrong, and when they do modern medicine has to step in. For minor liver complications, medication and dietary changes will usually do the trick....
DO NOT PUBLISH PER CURIAM . Destin Whitmore appeals his sentence of 210 months of imprisonment following his pleas of guilty to five counts of extortion, 18 U.S.C. 875(d), three counts of distributing child pornography, id. 2252(a)(2), and two counts of possessing child pornography, id. 2252(a)(4)(B). He argues that his sentence at the low end of his advisory guideline range is substantively unreasonable. We affirm. Beginning in 2012, Whitmore used at least three online...
DO NOT PUBLISH PER CURIAM . Jamad Wallace appeals his sentence of 120 months of imprisonment after pleading guilty to possession of stolen firearms. See 18 U.S.C. 922(j). The government has moved to dismiss the appeal on the ground that in his plea agreement, Wallace waived his right to appeal the sentence. In Wallace's plea agreement, he agreed to waive "any right to appeal or any other court review" of his sentence, including through collateral attack, except for a claim of...
DO NOT PUBLISH PER CURIAM . J. Pearl Bussey-Morice 1 appeals the district court's various sanctions against her counsel, Kelsay Patterson and Wendell Locke. We reject Bussey-Morice's arguments that the district judge who sanctioned her counsel was without "jurisdiction" to impose such sanctions or that he should have recused himself. And after exhaustive review of the record—and with the benefit of oral argument and the district court's thorough, well-reasoned orders—we affirm the district...
DO NOT PUBLISH PER CURIAM . Pedro Reyes appeals his 108-month sentence imposed following his plea of guilty to conspiracy to commit money laundering. We affirm. I A Reyes was indicted for conspiracy to commit money laundering, 18 U.S.C. 1956(h); conspiracy to commit bank fraud, 18 U.S.C. 1344, 1349; money laundering, 18 U.S.C. 1956(a)(1)(B)(i); and transactions in criminally derived property, 18 U.S.C. 1957. Reyes agreed to plead guilty to conspiracy to commit money laundering,...
DO NOT PUBLISH PER CURIAM . Kenneth Darnell Williams, a New York prisoner, appeals the dismissal of his pro se 28 U.S.C. 2255 motion to vacate. We affirm. I. BACKGROUND Williams was convicted on June 27, 2000, in the Northern District of Georgia for attempting to possess with the intent to distribute cocaine, in violation of 21 U.S.C. 846. On August 28, 2000, he was sentenced to 72 months of imprisonment followed by 6 years of supervised release. He did not appeal. On August 10,...
DO NOT PUBLISH PER CURIAM . Marian Morgan is a federal prisoner serving a 405-month sentence for her involvement in an illegal investment scheme. After twice appealing the length of her sentence, Ms. Morgan filed a motion to vacate, set aside, or correct her sentence under 28 U.S.C. 2255, arguing that her trial counsel's failure to object to certain hearsay statements amounted to ineffective assistance of counsel. The facts surrounding Ms. Morgan's conviction are well known to the parties...
DO NOT PUBLISH PER CURIAM . David Lynch appeals his convictions for eight counts of production of child pornography, one count of receipt of child pornography, one count of possession of child pornography, one count of traveling in foreign commerce to engage in illicit sexual conduct with a minor, and one count of attempting to travel in foreign commerce to engage in illicit sexual conduct with a minor. On appeal, Lynch argues that (1) the government did not introduce sufficient evidence to...
DO NOT PUBLISH PER CURIAM . Janet Wallace may find hollow Prince's refrain that he "never meant to cause . . . any sorrow" or "pain." 1 Her unsuccessful request to have Prince perform at a trade show in Atlanta, Georgia allegedly led not just to sorrow and pain but also a loss of more than $75,000 — and this lawsuit. Wallace filed this fraud action under Georgia law against Patrick Cousins, a Florida attorney who, the parties agree, "at one time had connections with Prince." Wallace claims...
DO NOT PUBLISH PER CURIAM . Plaintiff-Appellant Michael Bratt suffered a right orbital floor fracture after an altercation with deputies at his Florida residence. He sued the deputies under 42 U.S.C. 1983, claiming the deputies caused the injury using excessive force. At trial, the jury found for the deputies on all counts and Bratt now appeals. I. A. The Events at Bratt's House On December 26, 2009, shortly after midnight, Deputy Steven George of the Hernando County Sheriff's Office...
DO NOT PUBLISH MARTIN , Circuit Judge . James Cory Linder appeals his twenty-four-month prison sentence, imposed upon revocation of his supervised release. At the revocation hearing, the district court centered its attention on Linder's drug addiction and how he would benefit from incarceration, because it would impede his access to drugs. The government concedes the district court violated Tapia v. United States , 564 U.S. 319 , 131 S.Ct. 2382 (2011) in this way. After careful review,...
DO NOT PUBLISH PER CURIAM . In 2014, Christopher McCain pleaded guilty to two counts of Hobbs Act robbery, in violation of 18 U.S.C. 1915(a) ("counts 1 and 3"), and two counts of brandishing a firearm in furtherance of a "crime of violence," namely, the Hobbs Act robbery offenses charged in counts 1 and 3, in violation of 18 U.S.C. 924(c) ("counts 2 and 4"). The district court sentenced him to a total of 385 months' imprisonment, consisting of one month on each of counts 1 and 3, set to...
TJOFLAT , Circuit Judge : Following a data breach at Home Depot, the information for tens of millions of credit cards was stolen, and a class of banks who issued the cards sued Home Depot to recover their resulting losses. Home Depot eventually settled with the class. As part of the settlement, Home Depot agreed to pay the reasonable attorney's fees of Class Counsel. The agreement specified that the attorney's fees would be paid separate from and in addition to the class fund, but the...
TJOFLAT , Circuit Judge : The directors of Buckhead Community Bank wanted to make Buckhead a "billion dollar bank." So, they set out to execute an aggressive growth strategy. To implement the growth strategy, the directors expanded the Bank's loan portfolio. Many of these loans failed, costing the Bank millions. In late 2009, the Georgia Department of Banking and Finance closed the Bank, and the Federal Deposit Insurance Corporation was appointed as the Bank's receiver. As receiver, the...
DO NOT PUBLISH PER CURIAM . Appellants Lou Gatti and Twin Palms, Inc., appeal the district court's grant of summary judgment to Appellees Helen Goodman, Cliff Goodman, and Twin Palms Resort in this property dispute case. Federal court jurisdiction is based on diversity. On appeal, Appellants argue that the statutes of frauds, limitations, and repose do not bar their claims and that therefore the district court erred in granting summary judgment in favor of Appellees, in awarding costs to...
