Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Quentin Jerome Davis pled guilty pursuant to a plea agreement to one count of conspiracy to distribute cocaine and cocaine base from October 2005 to March 2009 in violation of 21 U.S.C. 841(a) and 846. On appeal, Davis challenges the district court's application of the Sentencing Guidelines, arguing that the district court erred by assigning one criminal history point for a March 16, 2006, state conviction for...
Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Officers stopped Reginald Lamar Davis, a convicted felon, after observing that his vehicle contained what they suspected to be an illegal window tint. During the stop, they discovered that Davis's license was suspended and opted to issue him a citation for that infraction. After they finished writing the citation, one of the officers requested that Davis step out of the vehicle. Davis complied. The officer then asked...
OPINION WYNN, Circuit Judge: A jury convicted Richard Earl Jaensch of producing a false identification document that appeared to be issued by or under the authority of the United States government in violation of 18 U.S.C. 1028(a)(1). The identification document ("ID") identified Jaensch as a diplomat, and Jaensch successfully used this ID for several years to identify himself to, among others, court personnel and officers working for the Transportation Security Administration ("TSA"). On...
OPINION BARBARA MILANO KEENAN, Circuit Judge: Joseph Edwards was convicted of one count of possession with intent to distribute cocaine base, in violation of 21 U.S.C. 841. After the district court accepted Edwards' conditional guilty plea, the court sentenced him to a term of 120 months' imprisonment. On appeal, Edwards contends that the district court erred in denying his motion to suppress evidence seized in the course of a police search of his person. The police search included an...
OPINION DUNCAN, Circuit Judge: Under the Foreign Sovereign Immunities Act, 28 U.S.C. 1602-11 ("FSIA"), a federal court has subject matter jurisdiction over a claim against a foreign state only if that claim falls within one of the FSIA's exceptions to immunity. This appeal raises the question of whether, for purposes of analyzing subject matter jurisdiction under the FSIA, a foreign state and its armed forces are separate legal persons. For the reasons that follow, we conclude that, for...
Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Robert James Crisp appeals his conviction and resulting 168-month custodial sentence. A jury found Crisp guilty of participating in a conspiracy to manufacture and possess with intent to distribute methamphetamine in violation of 21 U.S.C. 841(b)(1)(A), 846 (2006). We affirm. Crisp first appeals the district court's denial of his motion for a new trial without an evidentiary hearing. We review a district court's...
Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Ricky Lee Pritchett appeals the district court's order denying his motion for a reduction of his sentence pursuant to 18 U.S.C. 3582(c)(2) (2006). Pritchett has also filed a motion for the appointment of appellate counsel, and a motion pursuant to 28 U.S.C.A. 2255(h) (West Supp. 2011) for authorization to file a second or successive 2255 motion. With respect to the denial of Pritchett's 18 U.S.C. 3582(c)(2)...
Unpublished opinions are not binding precedent in this circuit. PER CURIAM: William C. Pettis seeks to appeal the district court's order denying relief on his "motion to discontinue sentence," which the court construed as a successive 28 U.S.C.A. 2255 (West Supp. 2011) motion and dismissed it on that basis. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. 2253(c)(1)(B) (2006). A certificate of appealability will not issue...
Unpublished opinions are not binding precedent in this circuit. PER CURIAM: William Arthur Brown appeals the district court's order denying his petition for a writ of error coram nobis. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. United States v. Brown , No. 3:92-cr-00270-GCM-1 (W.D.N.C. Aug. 10, 2011). We dispense with oral argument because the facts and legal contentions are adequately presented in the...
Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Paramena J. Shikanda appeals the district court's order denying his self-styled motion for sentence adjustment and has filed a motion for appointment of counsel. We have reviewed the record and find no reversible error. Accordingly, we deny Shikanda's motion for appointment of counsel and affirm the district court's order. United States v. Shikanda , No. 2:09-cr-00251-3 (S.D.W. Va. July 11, 2011). We dispense with...
Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Rajul Ruhbayan seeks to appeal the district court's order denying relief on his 28 U.S.C.A. 2255 (West Supp. 2011) motion, and its order denying his motion to alter or amend the judgment. The orders are not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. 2253(c)(1)(B) (2006). A certificate of appealability will not issue absent "a substantial showing of the denial of...
Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Don Eddlon Knox seeks to appeal the district court's order construing in part his "Motion for Relief Pursuant to 18 U.S.C. 3582[,] 28 U.S.C. 1651, 2201, 2202 and Appendix," as a successive 28 U.S.C.A. 2255 (West Supp. 2011) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. 2253(c)(1)(B) (2006). A certificate of appealability will not issue...
Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Wendy Bens seeks to appeal the district court's order construing his "motion for dismissal of indictment" as a successive motion under 28 U.S.C.A. 2255 (West Supp. 2010) and denying Bens' motion for reconsideration of a prior order. We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed. When the United States or its officer or agency is a party, the notice of appeal must...
Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Richard Lamont Lighty seeks to appeal the district court's order denying his Fed. R. Civ. P. 60(b) motion for reconsideration of prior orders denying relief on his 28 U.S.C.A. 2255 (West Supp. 2011) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. 2253(c)(1)(B) (2006). A certificate of appealability will not issue absent "a substantial showing...
Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Ruben Ortiz Barraza seeks to appeal the district court's order denying relief on his 28 U.S.C.A. 2255 (West Supp. 2011) motion and has filed a motion for a certificate of appealability. The district court's order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. 2253(c)(1)(B) (2006). A certificate of appealability will not issue absent "a substantial showing of...
Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Peter Michael Vanderwerff appeals the reasonableness of his 120-month sentence imposed after a plea of guilty to one count of possessing materials containing visual images of child pornography in violation of 18 U.S.C.A. 2252A(a)(5)(B), (b)(2) (West Supp. 2011). We affirm. We review a sentence under a deferential abuse of discretion standard. Gall v. United States , 552 U.S. 38, 51 (2007). We first analyze the...
Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Sonier Chavis appeals his conviction and fifty-two month sentence after pleading guilty pursuant to a written plea agreement to conspiracy to distribute cocaine and marijuana in violation of 21 U.S.C.A. 846, 841(b)(1)(A) (West 1999 & Supp. 2011). Chavis' counsel filed an Anders * brief asserting that there are no meritorious arguments for appeal. The Government declined to file a brief. Chavis was informed of...
Unpublished opinions are not binding precedent in this circuit. DUNCAN, Circuit Judge. This appeal arises from the district court's entry of default judgment in the amount of $3,832,832 against John Acord and his mother, Marcella Ortega (collectively, the "Appellants"), pursuant to Federal Rules of Civil Procedure 16(f) and 37(b)(2)(A)(vi). In addition to appealing the default judgment, Acord appeals the district court's earlier award of Rule 11 sanctions against him in the amount of $24,357...
Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Terrence Rosario Wilson seeks to appeal the district court's order dismissing as untimely his 28 U.S.C.A. 2255 (West Supp. 2011) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. 2253(c)(1)(B) (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)...
Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Ronald Lee McCauley appeals the district court's order granting summary judgment to the Defendants (No. 11-6947) and the district court's order denying his request to reopen the appeal period (No. 11-7203). We grant the Appellees' motion to dismiss in the former appeal and affirm the district court's order in the latter. Parties to a civil action are accorded thirty days after the entry of the district court's final...
