UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM. The "Swampbuster" provision of the Food Security Act, 16 U.S.C. 3821, prohibits persons who participate in programs administered by the United States Department of Agriculture ("USDA" or "the agency") from converting wetlands to agricultural use without authorization. Appellants Steve and Terry Bass (collectively "the Basses") seek judicial review of a final decision of the USDA finding them in...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM. Ericka Ciara McClarin appeals the district court's text order denying her motion to correct a clerical error in her criminal judgment. We have reviewed the record and find no reversible error. Accordingly, we affirm the district court's order. United States v. McClarin , No. 5:11-cr-00279-FL-2 (E.D.N.C. July 23, 2014). We dispense with oral argument because the facts and legal contentions are...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM. William Edward ReBrook, III, appeals the district court's order, accepting the magistrate judge's recommendation (except as otherwise stated), denying his petition for a writ of error coram nobis, and dismissing the action. In his writ, ReBrook alleges that his conviction for wire fraud, under 18 U.S.C. 1343, 1346 (2012), is no longer valid in light of Skilling v. United States , 561 U.S. 358 (2010)....
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM. Lawrence McNeill appeals the criminal judgment entered by the district court after he pled guilty to conspiracy to distribute, and possess with intent to distribute, five kilograms or more of cocaine and 280 grams or more of cocaine base, in violation of 21 U.S.C. 841(a)(1) (2012). McNeill argues that the prosecutor committed misconduct by vindictively filing a superseding indictment * and that counsel...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM. Daniel Mock appeals the district court's order granting summary judgment to the Federal Home Loan Mortgage Corporation in his action under the Fair Labor Standards Act, 29 U.S.C. 201-219 (2012). We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Mock v. Fed. Home Loan Mortg. Corp. , No. 1:13-cv-01292-LMB-JFA (E.D. Va. July 7,...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM. Jay and Erika K. Neil (the "Neils") appeal the district court order dismissing their breach of contract and related claims against Wells Fargo Home Mortgage ("Wells Fargo"). For the following reasons, we vacate the dismissal order of the claims and remand for further proceedings consistent with this opinion. 1 I. In 2005, the Neils borrowed $604,000, evidenced by a promissory note and deed of trust,...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM. After the district court denied their motions to suppress evidence, Ernesto Williams Pollard and Ruben Dutervil pled guilty pursuant to plea agreements to one count each of possession with intent to defraud of fifteen or more counterfeit or unauthorized access devices, in violation of 18 U.S.C. 2, 1029(a)(3), (c)(1) (2012). The district court calculated Pollard's Guidelines range under the U.S....
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. DIAZ, Circuit Judge. Petitioner Robert Steele spent nine months secretly logging in to the email server of his former employer, gaining access to confidential and proprietary information related to its government contract bids. As a result, Steele was convicted for crimes under the Computer Fraud and Abuse Act. Steele now appeals his conviction, as well as his sentence of imprisonment and restitution. We reject...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. DUNCAN, Circuit Judge. Defendant-Appellant Karen L. Haas, Clerk of the U.S. House of Representatives (the "Clerk"), appeals the district court's order denying her motion to vacate the portions of the court's memorandum opinion ruling that sovereign immunity did not bar Plaintiffs-Appellees' claims against her. The Clerk argues that the district court abused its discretion by finding that the public interest favored...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM. Michael Attilio Mangarella seeks to appeal the district court's order denying his 28 U.S.C. 2255 motion. 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 be filed no more than sixty days after the entry of the district court's final judgment or order, Fed. R. App. P....
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM. Randolph Ashford appeals the district court's order accepting the recommendation of the magistrate judge and denying relief on his 42 U.S.C. 1983 (2012) complaint. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Ashford v. Gordon, No. 0:13-cv-01113-JFA (D.S.C. Sept. 8, 2014). We dispense with oral argument because the...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM. James Raymond Schimmel seeks to appeal the district court's order denying relief on his 28 U.S.C. 2255 (2012) 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) (2012). 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) (2012)....
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM. Donnell Coppedge appeals the district court's order denying his motion for a new sentencing hearing. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. United States v. Coppedge , No. 4:09-cr-00054-F-1 (E.D.N.C. Aug. 1, 2014). We dispense with oral argument because the facts and legal contentions are adequately presented in the...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM. Unula Boo Shawn Abebe appeals the district court's order dismissing his 42 U.S.C. 1983 (2012) complaint for failure to comply with the court's discovery order under Fed. R. Civ. P. 37(b)(2) and 41(b). We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Abebe v. Green , No. 5:11-cv-02750-RMG (D.S.C. July 30, 2014). We dispense...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM. Wallace Thomas Lester seeks to appeal the district court's order dismissing his 28 U.S.C. 2255 (2012) motion as successive and unauthorized. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. 2253(c)(1)(B) (2012). A certificate of appealability will not issue absent "a substantial showing of the denial of a constitutional right." 28 U.S.C....
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM. In No. 14-7282, Phillip A. Hamilton, a federal prisoner, seeks to appeal the district court's order denying relief on his Fed. R. Crim. P. 33 motion for a new trial. In No. 14-7310, Hamilton seeks to appeal the district court's order denying relief on his 28 U.S.C. 2255 (2012) motion. We affirm in part and dismiss in part. With regard to Hamilton's appeal of the district court's denial of his Rule 33...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM. Thomas Shane Matherly, a federal prisoner, appeals the district court's order denying relief on his 28 U.S.C. 2241 (2012) 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. Matherly v. Warden , No. 5:14-hc-02036-BR (E.D.N.C. Aug. 20, 2014). We dispense with oral...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM. Sandra Elliott seeks to appeal the district court's June 10, 2014 order denying relief on her "motion to dismiss for lack of subject matter jurisdiction" and "for post-conviction relief pursuant to United States v. Simmons, 649 F.3d 237 (4th Cir. 2011)," and the district court's July 28, 2014 reminder to counsel regarding courtesy copies of documents exceeding twenty pages. For the reasons that...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM. Derrick Jerome Truttling seeks to appeal the district court's order denying his motion to appoint counsel and for a status conference. This court may exercise jurisdiction only over final orders, 28 U.S.C. 1291 (2012), and certain interlocutory and collateral orders, 28 U.S.C. 1292 (2012); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp. , 337 U.S. 541 , 545-46 (1949). The order...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM. Kevin I. Short appeals the district court's order denying relief on his 42 U.S.C. 1983 (2012) complaint. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. See Short v. Shearin , No. 8:13-cv-03176-RWT (D. Md. July 17, 2014). We dispense with oral argument because the facts and legal contentions are adequately presented in the...
