UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM . Larry R. Bingman, who was formerly employed as a laborer with the Bureau of Highways of Baltimore County, Maryland, brought this action against Baltimore County (the County) alleging he was terminated because of his disability, in violation of the Americans with Disabilities Act, 42 U.S.C. 12101 to 12213 (2012) (ADA), and the Maryland Fair Employment Practices Act, Md. Code Ann., State Gov't 20-...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM . Stephen Bowe Hyde pled guilty to receiving child pornography, in violation of 18 U.S.C. 2252A(a)(2)(A), (b)(1) (2012), and the district court sentenced him to 108 months' incarceration. Hyde's attorney has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), thoroughly recounting the history of the case, but concluding that there are no meritorious grounds for appeal. Although...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM . Maurice Eugene Moore, Jr., pled guilty, pursuant to a written plea agreement, to conspiracy to distribute and possess with intent to distribute 100 grams or more of heroin, in violation of 21 U.S.C. 841(a)(1), (b)(1)(B), 846 (2012), and possession of ammunition by a felon, in violation of 18 U.S.C. 922(g)(1), 924 (2012), and was sentenced to 300 months' imprisonment. On appeal, counsel has filed...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM . Brenda L. Livesay appeals from the district court's order affirming the bankruptcy court's orders denying her renewed motion to intervene in an adversary proceeding filed by the bankruptcy trustee, denying her motion to conduct discovery, and quashing subpoenas she issued. We have reviewed the record submitted on appeal and the arguments of the parties and find no reversible error. Accordingly, we...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM . John Jacob Bogley appeals the magistrate judge's order upholding the Commissioner of Social Security's denial of disability insurance benefits. On appeal, Bogley contends that the ALJ erred in failing to assign weight to each of the opinions of his treating physician, Dr. Paul McAfee; failing to conduct a function-by-function assessment before determining Bogley's residual functional capacity; failing...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM : Raymond J. Tahir, a former employee of the Federal Bureau of Investigation, appeals the district court's order granting Defendant's motion to dismiss Tahir's complaint alleging he was terminated because of his national origin, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C.A. 2000e to 2000e-17 (West 2012 & Supp. 2017). We have reviewed the record and find no reversible error....
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM : Appellants, Protostorm, LLC; Antonelli, Terry, Stout, & Kraus, LLP (ATSK), a law firm; and three former attorneys at ATSK, Frederick D. Bailey, Carl I. Brundidge, and Alan E. Schiavelli, appeal the district court's order granting summary judgment in favor of Minnesota Lawyers Mutual Insurance Company (MLM) on its complaint for a declaratory judgment to determine the applicable limit of liability...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM : Jermaine Antwan Brown 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 . Lorena Alejandra Roman-Aguilar, a native and citizen of El Salvador, petitions for review of an order of the Board of Immigration Appeals (Board) dismissing her appeal from the Immigration Judge's denial of her requests for asylum and withholding of removal. We have thoroughly reviewed the record, including the transcript of Roman-Aguilar's merits hearing and all supporting evidence. We conclude that...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM . In these consolidated appeals, Rose Apuzzi challenges the district court's order denying her Fed. R. Civ. P. 60(b) motion to reconsider the dismissal of her complaint for failure to comply with a discovery order and the court's order denying her Fed. R. Civ. P. 59(e) motion seeking to alter or amend the order denying her Rule 60(b) motion. After reviewing the record and the parties' arguments, we...
Unpublished opinions are not binding precedent in this circuit. PER CURIAM : Branch Banking & Trust Company ("BB&T") appeals the district court's order denying its motion to compel arbitration in this case in which Latricia E. Goodwin filed a purported class action complaint against BB&T alleging violations of West Virginia's Consumer Credit and Protection Act, W. Va. Code 46A-1-101 to 46A-8-102. On appeal, BB&T argues that the district court erred in finding that the arbitration...
Unpublished opinions are not binding precedent in this circuit. PER CURIAM : Powercomm Construction, Inc., and its owner, David Kwasnik, Sr., (Defendants) appeal the district court's order awarding Plaintiffs $183,764 in attorney's fees in their action under the Maryland Wage and Hour Law (MWHL), Md. Code Ann., Lab. & Empl. 3-401 to 3-431 (LexisNexis 2016), and the Fair Labor Standards Act (FLSA), 29 U.S.C. 201-219 (2012). On appeal, Defendants contend that the district court erred...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM . Victor Lebron pled guilty, pursuant to a plea agreement, to possession of a prohibited object in prison, in violation of 18 U.S.C. 1791(a)(2), (d)(1)(B) (2012). The district court sentenced Lebron to 36 months' imprisonment, an upward variance from the 4- to 10-month Sentencing Guidelines range. On appeal, Lebron argues that the district court abused its discretion in imposing the variant sentence...
WILKINSON , Circuit Judge : SAS Institute (SAS) and World Programming Limited (WPL) are competitors in the market for statistical analysis software. SAS alleges that WPL breached a license agreement for SAS software and violated copyrights on that software. We agree with the district court that the contractual terms at issue are unambiguous and that SAS has shown that WPL violated those terms. We thus affirm the district court's judgment finding WPL liable for breach of the license...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM . Hamid Mahjor appeals the district court's order dismissing his civil action asserting numerous claims arising out of a foreclosure sale of his home. 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. Mahjor v. Greenpoint Mortg. Funding, Inc., No. 1:17-cv-00498-LMB-IDD (E....
THACKER , Circuit Judge : In this case we are called upon to decide whether the Establishment Clause is violated when a local government displays and maintains on public property a 40-foot tall Latin cross, established in memory of soldiers who died in World War I. The district court determined that such government action does not run afoul of the Establishment Clause because the cross has a secular purpose, it neither advances nor inhibits religion, and it does not have the primary effect...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM . Ezau Yanez-Hernandez appeals the district court's order denying relief on his 18 U.S.C. 3582(c)(2) (2012) motion for a sentence reduction. We have reviewed the record and find no reversible error. See United States v. Muldrow, 844 F.3d 434 , 437 (4th Cir. 2016) (providing standard). Accordingly, we affirm for the reasons stated by the district court. United States v. Yanez-Hernandez, No. 7:08-cr-...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PAMELA HARRIS , Circuit Judge . A jury convicted Santiago Rios of murdering his wife, Eliza Hernandez, on Thanksgiving night in 2006. Now serving a 30-year prison sentence in South Carolina, Rios appeals from a district court order denying his petition for a writ of habeas corpus under 28 U.S.C. 2254. Rios's claim is that his trial counsel provided ineffective assistance by abandoning a request for a jury...
LEE , District Judge : The anti-modification clause in 11 U.S.C. 1322(b)(2) of the Bankruptcy Code protects a mortgagee from having its claim in a Chapter 13 bankruptcy proceeding modified, if the mortgage is secured "only by a security interest in real property that is the debtor's principal residence." 11 U.S.C. 1322(b)(2). The issue in this appeal is whether reference in the Deed of Trust to escrow funds, insurance proceeds, or miscellaneous proceeds constitute additional collateral...
WILKINSON , Circuit Judge : This case arises from an amendment to Rockville's zoning ordinance that prohibited the construction of self-storage facilities within 250 feet of property on which a public school is located. Appellants Siena Corporation and Rockville North Land LLLP (collectively "Siena") complain that the enactment of this amendment amounted to a denial of their due process and equal protection rights under the Fourteenth Amendment. These claims are yet another attempt to...
