OPINION JAMES P. JONES, District Judge. The defendant, Kenneth Wayne Fannon, proceeding pro se, filed a Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C.A. 2255 (West Supp. 2012), alleging that his sentence is no longer valid in light of United States v. Simmons, 649 F.3d 237 (4th Cir. 2011) (en banc) and Carachuri-Rosendo v. Holder, 130 S.Ct. 2577 (2010). After review of the record, I will grant the United States' Motion to Dismiss Fannon's 2255 motion as...
OPINION AND ORDER JAMES P. JONES, District Judge. It appearing that there was a clerical error in the judgment of sentence in this case, correctable under Federal Rule of Criminal Procedure 36, an amended judgment will be entered. The facts are as follows, based upon the record. The defendant, Vanessa Dawn Willis, was charged in two separate cases in this court. In the first case, Case No. 1:07CR00039, a five-count Indictment was returned on June 5, 2007, charging Willis with two counts of...
MEMORANDUM OPINION SAMUEL G. WILSON, District Judge. Plaintiff Freedom Hawk Kayak, LLC ("Freedom Hawk") filed this patent infringement suit on September 10, 2012, pursuant to 28 U.S.C. 1331 and 1338(a), seeking to enjoin Ya Tai Electric Appliances Co., Ltd. ("Ya Tai"), a Chinese corporation, from marketing and selling a deployable fan-tail fishing kayak that allegedly infringes Freedom Hawk's patent-protected design. 1 This matter is currently before the court on Freedom Hawk's motion...
OPINION AND ORDER JAMES P. JONES, District Judge. In this criminal case, I consider the defendants' post-trial Joint Motion for Judgment of Acquittal or New Trial. I The defendants, Ricky David Robinson and Cynthia Lee Robinson, husband and wife, were jointly charged in an Indictment with harboring a fugitive (Count One) and conspiracy to harbor a fugitive (Count Two). They were tried by a jury and found guilty on both counts. The defendants have filed a timely Joint Motion for Judgment of...
OPINION AND ORDER JAMES P. JONES, District Judge. This capital habeas corpus case is before me on remand from the court of appeals, which instructed me to conduct a thorough analysis of whether the petitioner has made a gateway showing of actual innocence sufficient to excuse the procedural default of certain constitutional claims. I have concluded that an evidentiary hearing is required so that I can properly determine the reliability of the new evidence presented by the petitioner. I The...
OPINION JAMES P. JONES, District Judge. In this social security case, I affirm the decision of the Commissioner. I Plaintiff Lori Ann Branham filed this claim challenging the final decision of the Commissioner of Social Security (the "Commissioner") denying her claim for disability insurance benefits pursuant to Title II of the Social Security Act (the "Act"), 42 U.S.C.A. 401-433 (West 2011). Jurisdiction of this court exists under 42 U.S.C.A. 405(g). Branham applied for disability...
OPINION AND ORDER JAMES P. JONES, District Judge. In connection with sentencing for failure to register as a sex offender, the defendant filed objections to the Presentence Investigation Report ("PSR") pursuant to Federal Rule of Criminal Procedure 32(f). A hearing was held on the objections, which are now resolved in this Opinion. I The defendant pleaded guilty in this court to a one-count Indictment charging him with failing to register and update his registration as required by the Sex...
OPINION AND ORDER JAMES P. JONES, District Judge. In these consolidated patent and contract cases, Frank A. Sisk ("Sisk") and Precision Mine Repair, Inc. ("PMR") have moved for discovery sanctions against opposing party Strata Mine Services, Inc. ("Strata"). For the reasons that follow, I grant in part and deny in part the motion for sanctions. I The substantive issues in this commercial case involve a product used in the ventilation of underground coal mines. Count One of Sisk and PMR's...
OPINION AND ORDER JAMES P. JONES, District Judge. In this dispute over the ownership of a decedent's individual retirement account ("IRA"), the defendant UBS Financial Services, Inc. ("UBS") has moved to join the decedent's ex-wife, Terry Lee Dodson, as a necessary party by making her an involuntary plaintiff. For the reasons stated below, I deny the motion. I The following facts are taken from the Complaint or are otherwise uncontested for the purpose of deciding the present motion. During...
OPINION AND ORDER JAMES P. JONES, District Judge. The defendant CNX Gas Company LLC ("CNX") has filed a Motion to Dismiss Plaintiff's First Amended Class Action Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(6) and 12(b)(7). The motion has been fully briefed by the parties. 1 For the reasons set forth, the motion will be denied. The court granted leave to file the Amended Complaint over the objections of CNX. Addison v. CNX Gas Co., No. 1:10CV00065, 2012 WL 4127614 (W.D. Va....
OPINION JAMES P. JONES, District Judge. In this social security case, I deny the objections of the Commissioner to the report and recommendation of the magistrate judge and remand the case for an award of benefits. I In this case, Amanda Francis Kinder challenges the final decision of the Commissioner of Social Security ("Commissioner") denying her claim for supplemental security income benefits ("SSI") under Title XVI of the Social Security Act ("Act"), 42 U.S.C.A. 1381-1383f (West 2012)...
OPINION AND ORDER JAMES P. JONES, District Judge. The defendant, Christopher Moore, moves for a new trial or acquittal based on my admission of certain rebuttal testimony presented by the government. For the following reasons, I deny the defendant's motion. Moore was convicted by a jury of forcibly assaulting a federal officer or employee for allegedly kicking a corrections officer at the United States Penitentiary-Lee County ("USP-Lee"). See 18 U.S.C.A. 111(a)(1) (West Supp. 2012). At...
OPINION JAMES P. JONES, District Judge. In this social security case, I affirm the decision of the Commissioner. I Plaintiff Loretta Leonard filed this claim challenging the final decision of the Commissioner of Social Security (the "Commissioner") denying her claim for disability insurance benefits pursuant to Title II of the Social Security Act (the "Act"), 42 U.S.C.A. 401-434 (West 2011). Jurisdiction of this court exists under 42 U.S.C.A. 405(g). Leonard protectively applied for...
OPINION JAMES P. JONES, District Judge. The defendant, David Gwynn, proceeding pro se, filed a Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C.A. 2255 (West Supp. 2012). Gwynn contended that his sentence under the Armed Career Criminal Act ("ACCA"), 18 U.S.C.A. 924(e) (West 2000), is no longer valid in light of United States v. Simmons, 649 F.3d 237 (4th Cir. 2011) (en banc). The United States now waives its statute of limitations defense, and concedes that Gwynn...
OPINION JAMES P. JONES, District Judge. The defendant, Johnny Turley, proceeding pro se, filed a Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C.A. 2255 (West Supp. 2012). Turley contended that his sentence under the Armed Career Criminal Act ("ACCA"), 18 U.S.C.A. 924(e) (West 2000), is no longer valid in light of United States v. Simmons , 649 F.3d 237 (4th Cir. 2011) (en banc). The United States now waives its statute of limitations defense, and concedes that...
OPINION AND ORDER JAMES P. JONES, District Judge. In this premises liability action arising under Virginia tort law, the plaintiff alleges that the two defendants, a retail store owner and a contractor hired to remove snow and ice from the store's premises, violated their respective duties by failing to remove ice where the plaintiff fell on the store's sidewalk. Because I find that the plaintiff has failed to create a genuine issue of material fact with regard to either defendant, I will...
OPINION AND ORDER JAMES P. JONES, District Judge. In this long-running ancillary forfeiture proceeding, I first determined that the government was entitled to the forfeiture of an equitable lien held by Charles Duty, the third-party claimant. United States v. Smith, No. 1:10CV00026, 2012 WL 2116405 (W.D. Va. June 11, 2012). I then resolved two additional questions raised by the government, holding that the government was entitled to the benefit of any further appreciation in the value of...
MEMORANDUM OPINION NORMAN K. MOON, District Judge. This matter, which arises out of the employment of Weihua Huang ("Dr. Huang") by the Rector and Visitors of the University of Virginia ("UVa"), is before the Court on Defendants' motion for summary judgment. Previously, on December 19, 2011, 2011 WL 6329755, I issued a memorandum opinion and order in which I granted in part and denied in part Defendants' motion to dismiss. In doing so, I dismissed all claims brought against UVa, but I...
OPINION AND ORDER JAMES P. JONES, District Judge. The government has settled this False Claims Act case but cannot agree as to the proper percentage of the settlement amount to be awarded to the relators — the persons who originally filed the action and brought the alleged fraud to the government's attention. After hearing evidence and argument of counsel, I now resolve the issue and will award twenty percent of the recovery to the relators. I. Procedural Background. The relators in this...
OPINION JAMES P. JONES, District Judge. In this social security case, I affirm the final decision of the Commissioner. I Jarrod C. Bowers filed this action challenging the final decision of the Commissioner of Social Security ("Commissioner") denying the plaintiff's claim for disability insurance benefits and supplemental security income benefits pursuant to Titles II and XVI of the Social Security Act ("Act"), 42 U.S.C.A. 401-434, 1381-1383f (West 2003 & Supp. 2012). Jurisdiction of...
