UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM . Israel Acuno Rubio, a native and citizen of Mexico, petitions for review of an order of the Board of Immigration Appeals (Board) dismissing Rubio's appeal from the Immigration Judge's denial of Rubio's applications for withholding of removal and protection under the Convention Against Torture. We have thoroughly reviewed the administrative record and conclude that substantial evidence supports the...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM . Pursuant to a plea agreement, Mario Chester Tabron pled guilty to possession of a firearm by a convicted felon, in violation of 18 U.S.C. 922(g)(1), 924(a)(2) (2012). The district court sentenced Tabron to 51 months' imprisonment, the low end of the advisory Sentencing Guidelines range. Tabron appeals, challenging the procedural reasonableness of his sentence. We affirm. Tabron argues that the...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM . Jeremy C. Southgate, doing business as Sound Spark Studios, appeals the district court's order granting Defendants' motions to dismiss and dismissing with prejudice Southgate's civil complaint. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Southgate v. United States, No. 1:17-cv-01047-LO-MSN (E.D. Va. filed Apr. 9, 2018;...
WILKINSON , Circuit Judge : The Airline Deregulation Act of 1978 (ADA) expressly preempts state efforts to regulate the prices, routes, and services of certain air carriers. Beginning in 2011, West Virginia enacted various laws to limit the reimbursement rates of air ambulance companies. Air Evac, an air ambulance company and registered air carrier, sued to enjoin the enforcement of these provisions, arguing that the state's laws were preempted by the ADA. The district court agreed with Air...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM . Jerry Terrell Spencer appeals his 60-month sentence after pleading guilty to possession of a firearm while under a domestic violence protection order, in violation of 18 U.S.C. 922(g)(8). Spencer argues that the district court erred in applying a two-level sentencing enhancement for possession of three or more firearms. See U.S. Sentencing Guidelines Manual 2K2.1(b)(1) (2016). The district court...
DIAZ , Circuit Judge : Yerson Jack Mauricio-Vasquez is a lawful permanent resident of the United States and a native and citizen of Peru. Before us is his petition for review of the determination by the Board of Immigration Appeals that he is removable under the Immigration and Nationality Act (the "INA") based on his commission of a crime involving moral turpitude within five years of his admission to the United States. The Board found that the Department of Homeland Security ("DHS")...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM . Warden Levern Cohen ("Appellant" or "State") appeals from the district court's order granting habeas relief to Matthew Jamison ("Appellee") pursuant to 28 U.S.C. 2254. Appellee pled guilty to voluntary manslaughter for shooting and killing a bystander in a crowd of people. He was sentenced to 20 years in prison. Over four years later, during Appellee's post-conviction proceedings in state court, an...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM . This matter is before us for the second time. In this appeal, Derek LaMar ("Appellant") challenges the district court's grant of summary judgment to defendant Commonwealth Attorney Paul Ebert and intervenor Attorney General of Virginia, Mark Herring (collectively, "Appellees"). In its order, the district court rejected Appellant's argument that he was unconstitutionally denied access to modern DNA...
BARBARA MILANO KEENAN , Circuit Judge : Tamika Ray, an employee of International Paper Company (IPC), appeals from the district court's award of summary judgment to IPC in Ray's action alleging a hostile work environment and retaliation under Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. 2000e through 2000e-17. Upon our review, we conclude that there are genuine disputes of material fact with respect to both claims. We therefore vacate the district court's judgment and...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM : In these consolidated appeals, North Pointe Assisted Living, CSL North Pointe SC LLC, and Capital Senior Living Corporation appeal from the district court's orders denying their motions to compel arbitration and to dismiss two civil actions filed against them by Kenneth Evans, individually and as the personal representative of the Estate of Frances Moore Evans. We have reviewed the record provided on...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. DIAZ , Circuit Judge . Yasmin Reyazuddin appeals from a ruling that her employer reasonably accommodated her for purposes of the Rehabilitation Act. We hold that the district court did not err in finding reasonable accommodation and in denying Reyazuddin equitable relief. Accordingly, we affirm. I. Yasmin Reyazuddin, who is completely blind, answered calls at a call center for a Montgomery County, Maryland,...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM . Alexander Otis Matthews appeals the district court's order dismissing Defendants Bruce H. Haglund; Wilson, Haglund and Paulsen; and Centrum Bank for lack of personal jurisdiction and striking his supplemental surreplies. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Matthews v. Estrategia Investimentos, S.A., No. 1:14-cv-...
PAMELA HARRIS , Circuit Judge : Detective Charles Coleman arrested LaMarcus Thomas on charges of aggravated sexual battery, and seized a cell phone from Thomas during a search incident to the arrest. After Coleman obtained a warrant to search the phone, authorities discovered sexually explicit images and videos involving children. Charged with producing child pornography, Thomas moved to suppress that evidence, arguing that the affidavit submitted with Coleman's warrant application was...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM . Omar Lee Robinson pled guilty, pursuant to a plea agreement, to interference with commerce by robbery, in violation of 18 U.S.C. 1951(a) (2012). The district court sentenced Robinson to 58 months' imprisonment. Robinson appeals, arguing that the sentence is procedurally and substantively unreasonable. We affirm. We review the reasonableness of a sentence "under a deferential abuse-of-discretion...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM . Michael Scott Pannell seeks to appeal the district court's order denying his 28 U.S.C. 2255 (2012) motion challenging his sentence as an armed career criminal based on Johnson v. United States, 135 S.Ct. 2551 (2015). We previously placed the appeal in abeyance for United States v. Hodge, 902 F.3d 420 (4th Cir. 2018). Pannell now moves to vacate his sentence and remand his case for further...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM . Edward Lavon Ferris appeals the district court's amended judgment in a criminal case ordering restitution. In the original judgment, the district court deferred its final determination of restitution for 90 days. After the 90-day period expired, the district court granted the Government's motion for a final amended judgment. On appeal, Ferris contends that the district court lacked authority to issue...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM . Penny S. Davis appeals from her 41-month sentence imposed pursuant to her guilty plea to mail fraud. 1 On appeal, she challenges the district court's determination that her Sentencing Guidelines range should be enhanced based upon her use of sophisticated means and the exploitation of a vulnerable victim. She also asserts that the district court failed to properly consider her arguments for a lower...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. DUNCAN , Circuit Judge . After pleading guilty to second-degree assault and a fourth-degree sexual offense, Hector Henriquez Dimas ("Henriquez")—a native of El Salvador who entered the United States as a lawful permanent resident in 2011—was subjected to removal proceedings. The basis for Henriquez's removal, according to the Department of Homeland Security (the "DHS"), was that the relevant fourth-degree sexual...
UNPUBLISHED > Unpublished opinions are not binding precedent in this circuit. PER CURIAM : Akwasi Acheampong, a native and citizen of Ghana, petitions for review of an order of the Board of Immigration Appeals denying his motion to reconsider the agency's previous denial of his motion to reopen sua sponte. We have reviewed the administrative record and Acheampong's claims and conclude that we lack jurisdiction to review how the agency exercises its sua sponte discretion. See Lawrence v....
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM . James Willie Waller, Jr., appeals from the criminal judgment entered following his guilty plea to wire fraud, in violation of 18 U.S.C. 1343 (2012), aggravated identity theft, in violation of 18 U.S.C. 2, 1028A(a)(1) (2012), and student aid fraud, in violation of 18 U.S.C. 2 and 20 U.S.C. 1097(a) (2012), contending that the district court plainly erred in ordering that he pay $117,958 as...
