WILLIAMS, Senior Circuit Judge. To be eligible for the so-called "safety-valve" reduction in sentence under 18 U.S.C. 3553(f), a defendant must "truthfully provide[] to the Government all information and evidence the defendant has concerning the offense." 18 U.S.C. 3553(f)(5). Appellant David Danso pleaded guilty to a relatively simple drug deal—he arranged a sale between one supplier and one buyer. But the deal also involved two samples, one acquired for marketing purposes from the...
GARLAND, Circuit Judge: Wayneview Care Center and Victoria Health Care Center petition for review of a decision and order of the National Labor Relations Board, and the Board cross-applies for enforcement. The Board found, among other things, that the petitioners violated the National Labor Relations Act by implementing new terms and conditions of employment before reaching a lawful impasse in collective bargaining negotiations. Because substantial evidence supports the Board's findings, we...
GARLAND, Circuit Judge: In this petition for review, PSEG Energy Resources & Trade LLC and PSEG Power Connecticut LLC (collectively, PSEG) challenge orders of the Federal Energy Regulatory Commission (FERC) accepting the results of an auction for electric generation capacity conducted by ISO New England Inc. In those orders, FERC approved ISO New England's determination that, unlike other resources in the region, PSEG's resources in Connecticut could not reduce their capacity supply obligation...
BROWN, Circuit Judge: Deming Hospital Corporation operates Mimbres Memorial Hospital (the "Hospital") in New Mexico. In 2004, the National Labor Relations Board found the Hospital had acted unlawfully by unilaterally reducing the hours of its full-time respiratory department employees from 40 per week to between 32 and 36 per week. The Board ordered the Hospital to rescind the hours reduction, bargain with the labor union representing the affected employees (the "Union"), and "make whole any...
KAREN LeCRAFT HENDERSON, Circuit Judge. This case arises under the Freedom of Information Act (FOIA), 5 U.S.C. 552. Appellant Thomas E. Moore, III (Moore) challenges the Central Intelligence Agency's (CIA or Agency) Glomar response to his request for "all information or records relevant to . . . Sveinn B. Valfells" (Valfells Sr.), in which response the Agency neither confirmed nor denied whether it maintained any such records. 1 Specifically, Moore argues that the CIA has already "...
KAVANAUGH, Circuit Judge: After a jury trial, Jonathan Franklin was convicted of serious drug offenses and sentenced to life in prison. He contends that he received ineffective assistance of counsel when he declined the prosecution's plea deal proposal and instead went to trial. The District Court rejected his ineffective assistance of counsel claim. We affirm the judgment of the District Court. * * * In October 2005, Jonathan Franklin was indicted by a federal grand jury for his role in...
ROGERS, Circuit Judge: This case is before the court on a petition to review the opinion and order of the Securities and Exchange Commission permanently denying Steven Altman, an attorney admitted to practice in New York State, the privilege of appearing or practicing before the Commission, pursuant to Rule 102(e)(1)(ii) of the Commission's Rules of Practice, and Section 4C of the Securities Exchange Act of 1934 ("the Act"). The Commission found that Altman, in appearing before it, violated...
TATEL, Circuit Judge: The Railway Labor Act provides that "[t]he majority of any craft or class of employees shall have the right to determine who shall be the representative of the craft or class." 45 U.S.C. 152, Fourth. For seventy-five years, the National Mediation Board counted non-voters as voting against union representation, thereby requiring a majority of eligible voters to affirmatively vote for representation before a union could be certified. In 2010, the Board issued a new rule:...
WILLIAMS, Senior Circuit Judge: Invoking its authority under 404(e) of the Clean Water Act ("CWA"), 33 U.S.C. 1344(e), the U.S. Army Corps of Engineers issued a generic nationwide permit ("NWP 46") allowing persons to secure approval for qualifying discharges into "waters of the United States" without going through the more laborious process of securing an individual permit. The National Association of Home Builders ("NAHB") appeals from the district court's dismissal of its challenge to...
GINSBURG, Circuit Judge: Church and Dwight Co., Inc., the leading manufacturer of condoms in the United States, appeals an order of the district court enforcing a subpoena and an accompanying civil investigative demand (CID) issued by the Federal Trade Commission insofar as the FTC would require it to produce information related to its sales of products other than condoms. Church & Dwight contends such information is not reasonably relevant to the Commission's investigation into its...
PER CURIAM: Pursuant to the Clean Air Act ("CAA"), the Environmental Protection Agency enacted twin rules in 2010 setting emissions standards for portland cement facilities— one under a section called National Emission Standards for Hazardous Air Pollutants (NESHAP), 42 U.S.C. 7412(a)(4), the second under a section called New Source Performance Standards (NSPS), id. 7411. Petitioners, Portland Cement Association and other cement manufacturers ("PCA"), argue that both rules violate the...
RANDOLPH, Senior Circuit Judge. Arc Bridges, Inc. petitions for review of a National Labor Relations Board order finding it in violation of 8(a)(1) and (3) of the National Labor Relations Act, 29 U.S.C. 158(a)(1) & (3). The Board cross-petitions for enforcement. The question presented is whether Arc Bridges established annual wage increases as a term of employment and then unlawfully refused to implement a wage increase after its employees became unionized. Arc Bridges is a non-profit...
RANDOLPH, Senior Circuit Judge: This is a petition for review of a National Labor Relations Board order finding Fortuna Enterprises, L.P., in violation of 8(a)(1) and (3) of the National Labor Relations Act, 29 U.S.C. 158(a)(1) & (3). The Board cross-petitions for enforcement. Unite Here, Local 11, a labor union, has intervened. Fortuna operates the Los Angeles Airport Hilton Hotel and Towers. The case turns on whether Hilton disciplined its employees for engaging in activities protected...
BROWN, Circuit Judge: Appellant, Queen Nwoye ("Nwoye"), was convicted of conspiring with a male accomplice, Adriane Osuagwu ("Osuagwu"), to extort money from Dr. Ikemba Iweala ("Iweala"), by threatening to expose their brief extramarital affair to his wife and the medical licensing board. At trial, Nwoye's attorney proffered evidence in support of a duress defense. The district court permitted Nwoye to testify as to the facts of her alleged duress, but declined to instruct the jury about the...
WILLIAMS, Senior Circuit Judge: A prisoner convicted in D.C. Superior Court may raise a collateral challenge to his sentence by motion in that court, D.C.Code 23-110(a), but may not apply for a writ of habeas corpus "unless it . . . appears that the remedy by motion is inadequate or ineffective to test the legality of his detention," id. 23-110(g). Because the Supreme Court has found that the District of Columbia judges' lack of life tenure and constitutional salary protection do not...
PER CURIAM: Manor Care of Easton, PA, LLC, filed this petition for review of an order of the National Labor Relations Board. The Board held that Manor Care violated 8(a)(1) and (3) of the National Labor Relations Act, 29 U.S.C. 158(a)(1) & (3), when it threatened and disciplined Trisha Miechur, a certified nursing assistant and outspoken union supporter. Manor Care contests both findings. * The Board has filed a cross-application for enforcement of its order. Section 8(a)(1) makes it...
SENTELLE, Chief Judge: The Pinedale Anticline Project Area (the PAPA) consists of a little over 198,000 acres of federal, state, and private land in western Wyoming. The Bureau of Land Management (BLM or the Bureau) manages roughly 80 percent of this land, which contains the third-largest natural gas field in the United States. In 2000, the Bureau issued a Record of Decision (2000 Record of Decision or 2000 ROD) meant to guide the management of the first substantial development of the PAPA's...
TATEL, Circuit Judge: Pursuant to the Telecommunications Act of 1996, the Federal Communications Commission, through its Universal Service Program, provides subsidies to ensure that low-income consumers, schools, health care providers, and libraries have access to advanced telecommunications services and that rates and services in rural areas are "reasonably comparable" to rates and services in urban areas. In this case, we review a Commission order declining to increase subsidies under the...
ROGERS, Circuit Judge: Upon remand by this court after affirming one of his convictions, United States v. Lawrence, 471 F.3d 135 (D.C.Cir.2006), the district court granted a variance from the U.S. Sentencing Guidelines ("U.S.S.G.") range for career offenders and re-sentenced Melvin Lawrence to 250 months imprisonment (and five years supervisory release) for unlawfully distributing more than 5 grams of cocaine base. Lawrence challenges his re-sentencing on four grounds. We conclude that...
BROWN, Circuit Judge: The United States appeals the district court's grant of the writ of habeas corpus to detainee Adnan Farhan Abd Al Latif. Three errors in the district court's analysis require us to vacate that decision. First, the court failed to accord an official government record a presumption of regularity. Second, the district court failed to determine Latif's credibility even though the court relied on his declaration to discredit the Government's key evidence. See Al-Adahi v....
