Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Dejuan Walker appeals the district court's order denying his 18 U.S.C. 3582(c)(2) (2006) motion seeking reduction of his sentence pursuant to Amendment 750. This court reviews the denial of a 3582(c)(2) motion for abuse of discretion. United States v. Munn, 595 F.3d 183 , 186 (4th Cir. 2010). "A district court abuses its discretion if it fails adequately to take into account judicially recognized factors...
Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Lennox Buckley appeals the forty-six-month sentence imposed upon him after he pled guilty to unlawful reentry into the United States after having been previously deported because he had been convicted of a felony, in violation of 8 U.S.C. 1326(a), (b) (2006). Buckley's sole contention on appeal is that the district court erred in enhancing his sentence under U.S. Sentencing Guidelines Manual ("USSG") 2L1.2(b)(1)...
Unpublished opinions are not binding precedent in this circuit. DAVIS, Circuit Judge Lonnie Cartrette appeals his conviction of being a felon in possession of a firearm, in violation of 18 U.S.C. 922(g)(1), and a two-level obstruction of justice sentencing enhancement imposed under United States Sentencing Guidelines 3C1.1 after the district court found he committed perjury on the witness stand. Cartrette principally argues that the police did not properly impound his vehicle after he...
OPINION DIANA GRIBBON MOTZ, Circuit Judge: Gregory Roland Pruess, a convicted felon, pled guilty to possession of ammunition in violation of 18 U.S.C. 922(g)(1) (2006). In doing so, he reserved the right to challenge the conviction as a violation of his rights under the Second and Fifth Amendments. Pruess contends that application of the felon-in-possession prohibition to him, an assertedly non-violent felon, violates the Constitution. For the reasons set forth within, we reject Pruess'...
OPINION AGEE, Circuit Judge: A jury convicted Talvin Taquane Lawing ("Lawing") of one count of possession of ammunition by a convicted felon in violation of 18 U.S.C. 922(g)(1) and 924(a)(2) for which Lawing was sentenced to 100 months imprisonment. Lawing's conviction and sentence stem from the discovery of a sawed off shotgun and ammunition in his vehicle following a police stop initiated by a tip from a confidential informant ("CI"). On appeal, Lawing challenges the denial of his...
OPINION DUNCAN, Circuit Judge: Michelle Lane, Amanda and Matthew Welling, and the Second Amendment Foundation ("SAF") (collectively, "the plaintiffs") filed a pre-enforcement challenge to the constitutionality of a federal statute restricting interstate transfers of handguns, 18 U.S.C. 922(b)(3); a federal regulation implementing that statute, 27 C.F.R. 478.99; and a Virginia law prohibiting Virginia firearms dealers from selling handguns to non-residents of Virginia, Va.Code section 18.2-...
Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Wen Bin Chen appeals from his fifty-six-month sentence imposed pursuant to his guilty plea to conspiracy to commit access device fraud and aggravated identity theft. Chen's conspiracy involved obtaining credit card account numbers in order to make credit cards with fictitious names and then using the counterfeit credit cards to purchase gift cards. On appeal, he contends that the district court erred in calculating...
Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Following a bench trial, Barry Murel (Murel) was convicted on two counts of possession with the intent to distribute controlled substances, 21 U.S.C. 841(a)(1), and one count of possession of a firearm and ammunition by a convicted felon, 18 U.S.C. 922(g)(1). The district court sentenced him to a total of 192 months' imprisonment. On appeal, Murel challenges his convictions and sentence. For the following reasons,...
Unpublished opinions are not binding precedent in this circuit. EAGLES, District Judge A jury convicted Bryan Keith Noel of conspiracy to commit mail fraud, multiple counts of mail fraud, conspiracy to commit money laundering, money laundering, multiple counts of bank fraud, multiple counts of making false statements to a bank, and making a false oath in a bankruptcy proceeding. J.A. 2192-93, 2460. Noel was sentenced to 300 months' imprisonment. J.A. 2453, 2461. On appeal, Noel challenges...
Unpublished opinions are not binding precedent in this circuit. DAVIS, Circuit Judge This dispute arises from the failure of Relational Management Services, LLC ("RMS") to provide continuation health care coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA") to one of its former employees, Sandra Feamster, and her husband, Conn Feamster ("the Feamsters"). Appellees include RMS, Mountain State Blue Cross & Blue Shield, and several other individuals and entities...
Unpublished opinions are not binding precedent in this circuit. WYNN, Circuit Judge. This appeal arises from an incident in which Prince George's County, Maryland Police Officer Jordan Swonger ("Swonger") fatally shot Gregory Boggs, Jr. ("Boggs"). Boggs's mother, Alita Littleton ("Littleton"), and Boggs's girlfriend, Lanaya Borden ("Borden"), sued Swonger; Chief of Police Melvin High ("Chief High"); and Prince George's County. The district court dismissed the claims against Chief High and...
OPINION AGEE, Circuit Judge: I Michelle Leigh Vieira, trustee in bankruptcy of Beach First National Bancshares, Inc., (the "Trustee" and "Bancshares," respectively) filed this action against the former directors and officers of Bancshares (collectively, including both fiduciary capacities, the "Directors"). The Directors also all formerly served as the officers and directors of First National Bank Myrtle Beach, SC (the "Bank"), a wholly owned subsidiary of Bancshares. The Bank was Bancshares'...
Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Jonathan Simmons appeals the district court's order denying as untimely his motion to alter or amend the court's order awarding the Defendants summary judgment 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. Simmons v. Vickers, No. 1:09-cv-00653-TLW; Simmons v. S.C. Dep't of Corr., No. 1:09-cv-...
Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Jamar Turner appeals the district court's order denying his motion to receive credit for jail time. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court without prejudice to Turner's right to seek relief from the Bureau of Prisons or by a 28 U.S.C.A. 2241 (West 2000 & Supp. 2012) petition. United States v. Turner, No. 3:08-cr-00015-RJC-3 (W....
Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Ophelia Azriel De'Lonta seeks to appeal the district court's order dismissing all but one Defendant, Sarah Pruitt, in De'Lonta's 42 U.S.C. 1983 (2006) action. This court may exercise jurisdiction only over final orders, 28 U.S.C. 1291 (2006), and certain interlocutory and collateral orders, 28 U.S.C. 1292 (2006); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 , 545-46 (1949). The...
Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Sean Antonio Robertson seeks to appeal the district court's order denying 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: Jerome Lee Borders appeals the district court's order denying his 18 U.S.C. 3582(c)(2) (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. Borders, No. 5:01-cr-00006-RLV-1 (W.D.N.C. Sept. 11, 2012). We dispense with oral argument because the facts and legal contentions are...
Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Reginald Leon Edwards appeals the district court's order denying his 18 U.S.C. 3582(c)(2) (2006) motion for a sentence reduction based on Amendment 750 to the crack cocaine Sentencing Guidelines. We review the district court's decision for abuse of discretion; however, "[w]e review de novo . . . a court's conclusion on the scope of its legal authority under 3582(c)(2)." United States v. Munn, 595 F.3d 183 ,...
Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Clifton Alvin Cleveland appeals the district court's order granting his motion for reduction of sentence under 18 U.S.C. 3582(c)(2) (2006). Although the district court granted Cleveland's 3582 motion, the court did not reduce Cleveland's sentence to the full extent he requested. Cleveland contends that his amended Guidelines range was lower than the reduction he received because he argues that, under the Fair...
Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Dennis Gallipeau appeals the district court's order dismissing his 42 U.S.C. 1983 (2006) complaint without prejudice for failure to exhaust administrative remedies. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Gallipeau v. Mickens-Ham, No. 3:09-cv-01883-TMC (D.S.C. Aug. 24, 2012). We dispense with oral argument because the facts and...
