Unpublished opinions are not binding precedent in this circuit. PER CURIAM. Francisco Marte appeals the district court's order granting summary judgment to the Defendants and denying relief on his 42 U.S.C. 1983 (2006) complaint. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. See Marte v. State of Maryland , No. 1:08-cv-03309-WMN (D. Md. Apr. 8, 2010). We dispense with oral argument because the facts and legal...
Unpublished opinions are not binding precedent in this circuit. PER CURIAM. Robert Hendricks and Jacqueline Hendricks appeal the district court's order denying relief on their Fed. R. Civ. P. 60(b) motion to vacate the district court's July 22, 2009 dismissal of their civil action. After reviewing the record, we conclude that the district court did not abuse its discretion in denying Appellants' motion. See Fed. R. Civ. P. 60(b); MLC Auto., LLC v. Town of S. Pines , 532 F.3d 269 , 277 (...
Unpublished opinions are not binding precedent in this circuit. PER CURIAM. Donald Tiberio Armstrong appeals his conviction and 120-month sentence imposed by the district court following a guilty plea to conspiracy to distribute fifty grams or more of cocaine base in violation of 21 U.S.C. 841(a), (b)(1)(A), and 846 (2006). Armstrong's counsel has filed a brief pursuant to Anders v. California , 386 U.S. 738 (1967), asserting that, in his opinion, there are no meritorious issues for...
Unpublished opinions are not binding precedent in this circuit. DUNCAN, Circuit Judge This appeal arises from a jury's conviction of Thomas Yu on three counts—alleging possession, receipt, and distribution of child pornography—in violation of 18 U.S.C. 2252A(a)(5)(B) and 2252A(a)(2). Yu claims the district court abused its discretion by limiting his cross-examination of a government witness and by excluding a defense witness. He further argues that the district court erred with respect to...
Unpublished opinions are not binding precedent in this circuit. PER CURIAM: CSX Transportation, Incorporated ("CSX") filed a complaint against Robert V. Gilkison ("Gilkison"), Peirce, Raimond & Coulter, P.C. ("Peirce firm"), Robert N. Peirce, Jr. ("Peirce"), Louis A. Raimond ("Raimond"), Mark T. Coulter ("Coulter"), and Ray Harron, M.D. ("Harron"), alleging violations of the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. 1961, et seq., common law fraud, and civil...
ON REHEARING TRAXLER, Chief Judge: The sole issue presented in this appeal is whether William Samuel Chester's conviction for illegal possession of a firearm under 18 U.S.C. 922(g)(9) abridges his right to keep and bear arms under the Second Amendment in light of District of Columbia v. Heller, 554 U.S. 570, 128 S.Ct. 2783 , 171 L.Ed.2d 637 (2008). We vacate the decision below and remand for further proceedings. I. The Second Amendment provides: "A well regulated Militia, being...
Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Lance Bishop Steglich appeals the district court's order denying his 18 U.S.C. 3582 (2006) motion for reduction of sentence. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. United States v. Steglich , No. 3:00-cr-00063-jpj-9 (W.D. Va. Sept. 28, 2010). We dispense with oral argument because the facts and legal contentions are adequately...
Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Anthony Howard seeks to appeal the district court's order dismissing as untimely his 28 U.S.C. 2254 (2006) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. 2253(c)(1) (2006). A certificate of appealability will not issue absent "a substantial showing of the denial of a constitutional right." 28 U.S.C. 2253(c)(2) (2006). When the district...
Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Kenneth Jones, Jr., seeks to appeal the district court's order denying relief on his 28 U.S.C.A. 2255 (West Supp. 2010) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. 2253(c)(1) (2006). A certificate of appealability will not issue absent "a substantial showing of the denial of a constitutional right." 28 U.S.C. 2253(c)(2) (2006). When the...
Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Brian Richard Chapman seeks to appeal the district court's order denying relief on his 28 U.S.C. 2254 (2006) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. See 28 U.S.C. 2253(c)(1) (2006). A certificate of appealability will not issue absent "a substantial showing of the denial of a constitutional right." 28 U.S.C. 2253(c)(2) (2006). When the...
Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Michael L. Campbell seeks to appeal the district court's order adopting the recommendation of the magistrate judge and denying relief on his 42 U.S.C. 1983 (2006) complaint. We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed. Parties are accorded thirty days after the entry of the district court's final judgment or order to note an appeal, Fed. R. App. P. 4(a)(1)(A),...
Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Michael Leroy Campbell appeals the district court's order denying his motion for an extension of time in which to appeal the court's previous denial of relief on Campbell's 42 U.S.C. 1983 (2006) complaint. We have reviewed the record and find no reversible error. Accordingly, we affirm the district court's order and deny Campbell's motion to assign counsel. Campbell v. Powers , No. 4:07-cv-04012-HFF (D.S.C. Aug....
Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Michael L. Campbell seeks to appeal the district court's order adopting the recommendation of the magistrate judge and denying relief on his 42 U.S.C. 1983 (2006) complaint. We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed. Parties are accorded thirty days after the entry of the district court's final judgment or order to note an appeal, Fed. R. App. P. 4(a)(1)(A),...
Unpublished opinions are not binding precedent in this circuit. PER CURIAM: In No. 10-1157, Three S Delaware, Inc., and Scott R. Steele ("Three S") appeal from the district court's order denying a number of motions in the underlying civil action. The Appellee, DataQuick Information Systems, Inc., has moved to dismiss this appeal for lack of jurisdiction because the notice of appeal was not timely filed. Parties are accorded thirty days after the entry of the district court's final judgment...
Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Pursuant to plea agreements, Shaneka Penix and Kevin Gary pled guilty to conspiracy to participate in a racketeering enterprise, in violation of 18 U.S.C. 1962(d) (2006). Penix also pled guilty to conspiracy to distribute and possess with intent to distribute fifty grams or more of cocaine base, in violation of 21 U.S.C. 841(a)(1), 846 (2006). The district court sentenced Penix to the statutorily mandated...
OPINION TRAXLER, Chief Judge: Danny Keith Thomas appeals an order of the district court dismissing as untimely his pro se motion to vacate, set aside, or correct his sentence under 28 U.S.C.A. 2255 (West Supp.2010). For the following reasons, we vacate the district court's order and remand the motion for further proceedings. I. On November 7, 2005, Thomas pleaded guilty pursuant to a plea agreement to attempted possession of methamphetamine, in violation of 21 U.S.C.A. 841(a)(1) and...
Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Ray A. Williams seeks to appeal the district court's order adopting the recommendation of the magistrate judge and dismissing as untimely his 28 U.S.C. 2254 (2006) petition. We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed. Parties are accorded thirty days after the entry of the district court's final judgment or order to note an appeal, Fed. R. App. P. 4(a)(1)(A),...
Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Felton Anthony Wiggins, a federal prisoner, appeals the district court's order denying relief on his 28 U.S.C.A. 2241 (West 2006 & Supp. 2010) petition. We have reviewed the record and find no reversible error. Accordingly, although we grant leave to proceed in forma pauperis, we affirm for the reasons stated by the district court. Wiggins v. United States , No. 5:09-hc-02116-FL (E.D.N.C. Aug. 16, 2010). We...
Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Jairton Grandos-Arredondo seeks to appeal the district court's order denying his Fed. R. Civ. P. 60(b) motion for reconsideration of the district court's order denying relief on his 28 U.S.C.A. 2255 (West Supp. 2010) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. 2253(c)(1) (2006); Reid v. Angelone , 369 F.3d 363 , 369 (4th Cir. 2004). A...
Unpublished opinions are not binding precedent in this circuit. PER CURIAM: George Daniel Palmer appeals the district court's order denying his motion for a reduction of sentence based on rehabilitation, family circumstances, and the crack cocaine amendments. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. United States v. Palmer , No. 7:00-cr-00080-sgw-1 (W.D. Va. Aug. 10, 2010). We deny Palmer's motion for...
