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Court of Appeals for the Fourth Circuit

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U.S. v. BELTRAN, 13-4407. (2013)
Court of Appeals for the Fourth Circuit Filed: Dec. 31, 2013 Citations: 13-4407.

UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM. Christian Omar Beltran was convicted by a jury of conspiracy to possess with intent to distribute marijuana, in violation of 21 U.S.C. 846 (2012) (Count One), possession with intent to distribute marijuana, in violation of 21 U.S.C. 841(a)(1) (2012) (Count Two), and possession of a firearm during and in furtherance of a drug trafficking crime, in violation of 18 U.S.C. 924(c) (2012) (Count Three)....

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U.S. v. LACKARD, 13-4274. (2013)
Court of Appeals for the Fourth Circuit Filed: Dec. 31, 2013 Citations: 13-4274.

UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM. James O'Brien Lackard appeals his 121-month sentence, which was imposed after he pled guilty pursuant to a plea agreement to one count of conspiracy to distribute heroin, in violation of 21 U.S.C. 846 (2012). Lackard asserts that his sentence is both procedurally and substantively unreasonable, and he asks that we remand his case to the district court so the Government may consider whether, given the...

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AHMED v. SALVATION ARMY, 13-1122. (2013)
Court of Appeals for the Fourth Circuit Filed: Dec. 31, 2013 Citations: 13-1122.

UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM. Roberta Ahmed appeals the district court's denial of her request for additional time to conduct discovery and its order granting summary judgment in favor of her employer, The Salvation Army. We affirm. On October 20, 2010, Ahmed informed her supervisors at The Salvation Army that she needed surgery for a heart-related condition and would be missing work later that year. She requested information about...

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U.S. v. HAND, 13-4292. (2013)
Court of Appeals for the Fourth Circuit Filed: Dec. 26, 2013 Citations: 13-4292.

UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM. Jomario Antione Hand appeals the forty-one month sentence imposed after he pled guilty, without a plea agreement, to one count of conspiracy to possess, store, barter, sell, or dispose of a stolen firearm, in violation of 18 U.S.C. 371 (2012), and one count of possession of a stolen firearm, in violation of 18 U.S.C. 922(j) (2012). We affirm. On appeal, Hand contends that the court misapplied the...

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U.S. v. ROGERS, 13-7713. (2013)
Court of Appeals for the Fourth Circuit Filed: Dec. 24, 2013 Citations: 13-7713.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM. Raphael Rogers seeks to appeal the district court's order dismissing as untimely his 28 U.S.C.A. 2255 (West Supp. 2013) 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). When...

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U.S. v. GALLOWAY, 13-7669. (2013)
Court of Appeals for the Fourth Circuit Filed: Dec. 24, 2013 Citations: 13-7669.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM. Angelo Galloway seeks to appeal the district court's text order denying his motion for grand jury transcripts in his 28 U.S.C.A. 2255 (West Supp. 2013) proceedings. 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)....

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MURDOCK v. O'BRIEN, 13-7608. (2013)
Court of Appeals for the Fourth Circuit Filed: Dec. 24, 2013 Citations: 13-7608.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM. Seth Murdock, a former federal prisoner, appeals the district court's order adopting the magistrate judge's recommendation to deny relief on his 28 U.S.C.A. 2241 (West 2006 & Supp. 2013) petition. In assessing this appeal, * we have an obligation to consider our appellate jurisdiction where its existence is reasonably in doubt. See Dickens v. Aetna Life Ins. Co., 677 F.3d 228 , 229-30 (4th Cir. 2012) (citing...

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BATTLE v. KING, 13-7579. (2013)
Court of Appeals for the Fourth Circuit Filed: Dec. 24, 2013 Citations: 13-7579.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM. Korell Battle appeals the district court's order accepting the recommendation of the magistrate judge 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. Battle v. King, No. 2:12-cv-02476-CMC (D.S.C. Sept. 16, 2013). We dispense with oral argument because the facts and legal...

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VALBERT v. SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH, 13-7562. (2013)
Court of Appeals for the Fourth Circuit Filed: Dec. 24, 2013 Citations: 13-7562.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM. Brian Ellis Valbert appeals the district court's order accepting the recommendation of the magistrate judge 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. Valbert v. South Carolina Dep't of Mental Health, No. 9:12-cv-01973-RBH (D.S.C. Aug. 20, 2013). We dispense with oral...

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McCROSKEY v. CLARKE, 13-7558. (2013)
Court of Appeals for the Fourth Circuit Filed: Dec. 24, 2013 Citations: 13-7558.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM. Benny W. McCroskey seeks to appeal the district court's order denying his motion to compel. 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. 5(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 , 545-46 (1949). The order McCroskey seeks to appeal is not a final order nor an appealable...

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WILLIAMS v. CORIZON MEDICAL SERVICE, 13-7546. (2013)
Court of Appeals for the Fourth Circuit Filed: Dec. 24, 2013 Citations: 13-7546.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM. Robert Williams appeals the district court's order denying relief on his 42 U.S.C. 1983 (2006) complaint. We have reviewed the record and find no reversible error. Accordingly, we deny Williams' motions for appointment of counsel and affirm for the reasons stated by the district court. Williams v. Corizon Med. Serv., No. 8:12-cv-02121-DKC (D. Md. Aug. 26, 2013). We dispense with oral argument because the facts...

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MASSEY v. JACKSON, 13-7489. (2013)
Court of Appeals for the Fourth Circuit Filed: Dec. 24, 2013 Citations: 13-7489.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM. Javun Tykee Massey 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. 28 U.S.C. 2253(c)(1)(A) (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...

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BROOKS v. LIPTROT, 13-7442. (2013)
Court of Appeals for the Fourth Circuit Filed: Dec. 24, 2013 Citations: 13-7442.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM. Curtis Ray Brooks appeals the district court's order 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. Brooks v. Liptrot, No. 1:12-cv-01405-LMB-JFA (E.D. Va. filed Aug. 21, 2013; entered Aug. 22, 2013). We dispense with oral argument because the facts and legal contentions are...

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BATTLE v. OZMINT, 13-7436. (2013)
Court of Appeals for the Fourth Circuit Filed: Dec. 24, 2013 Citations: 13-7436.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM. Korell Battle appeals the district court's order accepting the recommendation of the magistrate judge 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. Battle v. Ozmint, No. 2:12-cv-01350-CMC (D.S.C. Aug. 27, 2013). We dispense with oral argument because the facts and legal...

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U.S. v. CARR, 13-7425. (2013)
Court of Appeals for the Fourth Circuit Filed: Dec. 24, 2013 Citations: 13-7425.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM. Steven Donewan Carr appeals the district court's order deny his motions for the return of property. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. United States v. Carr, No. 5:98-cr-00246-RLV-2 (W.D.N.C. Aug. 26, 2013). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials...

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U.S. v. PINELLA, 13-7399. (2013)
Court of Appeals for the Fourth Circuit Filed: Dec. 24, 2013 Citations: 13-7399.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM. Mark Pinella appeals the district court's order denying his Fed. R. Civ. P. 59(e) motion that challenged the court's order denying his Fed. R. Civ. P. 60(b)(4) motion, in which he alleged the criminal judgment against him was void. Although the district court denied relief on the merits, the Federal Rules of Civil Procedure do not provide a vehicle by which Pinella may challenge his criminal judgment. United States...

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U.S. v. PRIETO-RUBI, 13-7356. (2013)
Court of Appeals for the Fourth Circuit Filed: Dec. 24, 2013 Citations: 13-7356.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM. Maurilio Prieto-Rubi appeals the district court's order denying his petition for writ of error coram nobis because he remains in federal custody. On appeal, we confine our review to the issues raised in the Appellant's brief. See 4th Cir. R. 34(b). Because Prieto-Rubi's informal brief does not challenge the basis for the district court's disposition, he has forfeited appellate review of the court's order....

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U.S. v. DARGAN, 738 F.3d 643 (2013)
Court of Appeals for the Fourth Circuit Filed: Dec. 24, 2013 Citations: 738 F.3d 643, 13-4171.

WILKINSON, Circuit Judge: Appellant Reginald Dargan, Jr., was convicted by a jury of three counts arising from the armed robbery of a jewelry store. He now appeals his conviction, contending that the district court erred in denying his motion to suppress evidence seized pursuant to a warrant during a search of his residence. He also argues that testimony about out-of-court statements made by a co-conspirator was erroneously admitted in violation of both the Federal Rules of Evidence and the...

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U.S. v. DAVIS, 13-7331. (2013)
Court of Appeals for the Fourth Circuit Filed: Dec. 23, 2013 Citations: 13-7331.

UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM. Steven Blake Davis seeks to appeal the district court's order dismissing his 28 U.S.C.A. 2255 (West Supp. 2013) motion as successive. 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(...

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U.S. v. NAVARETTE, 13-7265. (2013)
Court of Appeals for the Fourth Circuit Filed: Dec. 23, 2013 Citations: 13-7265.

UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM. Antonio Marcial Navarette seeks to appeal the district court's orders denying relief on his 28 U.S.C.A. 2255 (West Supp. 2013) motion and denying reconsideration. 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 a...

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