DUNCAN , Circuit Judge : Defendants William Henry Muldrow ("Muldrow") and Luis Gomez ("Gomez") challenge the district court's determination that the Guidelines commentary — as amended by United States Sentencing Guideline Amendment 759 ("Amendment 759") — requires a district court at resentencing to calculate the "applicable guideline range" without applying any departures or variances from a defendant's original sentencing range. For the reasons that follow, we affirm the district court...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM : Die K. Blaise seeks to appeal the district court's order dismissing part of his civil complaint with prejudice and dismissing the remainder without prejudice. Blaise has since filed an amended civil complaint raising the claims dismissed without prejudice, and that action remains pending with the district court. This court may exercise jurisdiction only over final orders, 28 U.S.C. 1291 (2012), and...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM : Mohammad Nawaz Raja and Neelum Nawaz Raja appeal the district court's orders: (1) dismissing their civil action asserting state and federal claims in connection with a prior foreclosure; (2) denying their motion for reconsideration; and, (3) imposing nominal sanctions in the amount of $120. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM : Robert William Sykes, Jr. pleaded guilty to two counts of interference with commerce by robbery, in violation of 18 U.S.C. 1951(a) (2012) (Hobbs Act). The district court sentenced Sykes to 72 months of imprisonment and he now appeals. Finding no error, we affirm. On appeal, Sykes first argues that the district court erred in declining to reduce his offense level for the second count by three...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM . Raymond A. Johnson appeals the district court's orders dismissing his civil complaint, ordering him to pay monetary sanctions, and imposing a prefiling injunction. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Johnson v. Keith Hawthorne Hyundai, No. 3:15-cv-00148-RJC-DSC (W.D.N.C. Feb. 3, 2016 & June 27, 2016). We deny...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM . Sharrene Timothy and Thomas Timothy, 1 Utah residents, (collectively, "Appellants") filed suit against Boston Scientific Corporation ("Appellee") alleging defects in Appellee's transvaginal mesh products. The district court granted summary judgment in favor of Appellee, concluding that Appellants' claims are barred by Utah's two year statute of limitations for product liability actions. For the...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM : Following a two-day trial, a federal jury convicted Jermaine Rodney Williams of Count 1 of a three-count indictment, which charged Williams with being a felon in possession of a firearm, in violation of 18 U.S.C. 922(g)(1) (2012). The facts underlying this charge occurred on December 21, 2013. The district court subsequently sentenced Williams to 95 months in prison and imposed a 3-year term of...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM : Paul R. Toth, Jr., was convicted after a jury trial of conspiracy to commit money laundering, in violation of 18 U.S.C. 1956(h) (2012), and six counts of money laundering concealment, in violation of 18 U.S.C. 2, 1956(a)(2)(B)(i) (2012), and was sentenced to 108 months' imprisonment. On appeal, Toth challenges his convictions, arguing that the district court erred in instructing the jury on...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM : Plaintiffs L-3 Communications Corp. and L-3 Applied Technologies, Inc. (L-3 ATI) (collectively, the plaintiffs) filed this diversity action alleging numerous tort claims against Serco, Inc. arising out of a failed business relationship. The plaintiffs contended that Serco engaged in a "bid rigging" scheme with another company, Jaxon Engineering & Maintenance, Inc., to exclude the plaintiffs from...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM . Cimenga M. Tshibaka, a Maryland physician, appeals from the district court's rulings that dispensed with a civil suit concerning the termination of his hospital privileges. Tshibaka, who had privileges at Carroll Hospital Center, Inc. ("CHC"), in Westminster, Maryland, was accused of sexual harassment by a patient care technician. After CHC terminated Tshibaka's privileges, he initiated litigation in...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM : Maurice Deshon Arnold pled guilty, pursuant to a plea agreement, to possession of a stolen firearm, in violation of 18 U.S.C. 922(j) (2012). The district court sentenced Arnold to 93 months' imprisonment, giving Arnold credit for time served in state custody on an undischarged term of imprisonment. The court ordered Arnold's sentence to run consecutively to the remainder of his state sentence....
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM : Brett Kimberlin appeals the district court's order granting the motions to dismiss his civil complaint. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. See Kimberlin v. Hunton & Williams LLP, No. 8:15-cv-00723-GJH (D. Md. Mar. 29, 2016). We deny Kimberlin's motion to show cause. We dispense with oral argument because the...
GREGORY , Chief Judge : In 2013, Mr. Samuel Hosford was indicted under 18 U.S.C. 922 for unlicensed dealing in firearms and conspiracy to deal firearms without a license. He moved to dismiss the indictment on constitutional grounds. Specifically, he argued that the indictment violated his Second Amendment right to engage in intrastate firearm sales between non-prohibited persons; the Due Process Clause of the Fifth Amendment for vagueness; and the Commerce Clause. The district court...
THACKER , Circuit Judge : The survivors of John R. Leichling sued Honeywell International, Inc., alleging that Mr. Leichling's fatal lung cancer resulted from exposure to toxins during his employment at the Dundalk Marine Terminal in Baltimore, Maryland, where Honeywell operates a chemical manufacturing plant. Decades earlier, Honeywell began using chemical refuse to create a landmass on which the Marine Terminal later sat. The district court dismissed the suit pursuant to Maryland's 20-...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. DAVIS , Senior Circuit Judge . Cissy Segujja Mazzi ("Mazzi"), a native and citizen of Uganda, petitions for review of the final order of the Board of Immigration Appeals ("BIA") regarding her asylum and withholding of removal claims. For the reasons that follow, we grant in part Mazzi's petition and remand the case to the BIA for further proceedings. I. Mazzi is a native and citizen of Uganda. When Mazzi was...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM : William V. Whiting appeals the district court's order granting summary judgment to his former attorney, Christopher S. Butch, on his legal malpractice claim. On appeal, Whiting contends that the district court erred in construing his claim as arising under tort, and thus concluding the claim failed because he failed to provide expert testimony to support his claim. We affirm the district court's...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM : Fabian David Sparrow appeals from the sentence and restitution imposed after he pleaded guilty to one count of conspiring to defraud the United States by making false statements to a federal agency and submitting false statements to HUD and destruction of records in a federal investigation, in violation of 18 U.S.C. 371 (2012). He received a below-Guidelines sentence of 41 months and was ordered to...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM : A jury convicted Denita Hill of one count of wire fraud conspiracy and two counts of aggravated identity theft. Hill now appeals, arguing that the district court clearly erred in imposing a two-level enhancement for obstruction of justice. For the following reasons, we affirm. I. Hill worked as an accountant with the City of Baltimore's Finance Department Bureau of Accounting and Payroll Services (...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM : Pursuant to Rule 244 of the South Carolina Appellate Court Rules, we respectfully certify the following question of law to the Supreme Court of South Carolina: Does South Carolina recognize an evidentiary privilege for trade secrets As we explain, we believe that no directly controlling South Carolina authority answers this question. Moreover, the answer will determine whether federal or state law...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM : James C. Martin appeals from the district court's order granting Defendants' motion to dismiss his civil action pursuant to Fed. R. Civ. P. 12(b)(5) for insufficient service of process. We have reviewed the record and find no abuse of discretion in the district court's decision to dismiss the complaint. See Cardenas v. City of Chi., 646 F.3d 1001 , 1005 (7th Cir. 2011) (stating standard of review)....
