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Court of Appeals for the Fourth Circuit

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WASHINGTON POST v. McMANUS, 944 F.3d 506 (2019)
Court of Appeals for the Fourth Circuit Filed: Dec. 06, 2019 Citations: 944 F.3d 506, 19-1132.

WILKINSON , Circuit Judge : A Maryland law requires newspapers, among other platforms, to publish on their websites, as well as retain for state inspection, certain information about the political ads they decide to carry. This case asks, at bottom, whether these terms can be squared with the First Amendment. For the reasons discussed below, we agree with the district court that they cannot. While Maryland's law tries to serve important aims, the state has gone about this task in too...

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HEYWARD v. PRICE, 19-6460. (2019)
Court of Appeals for the Fourth Circuit Filed: Nov. 18, 2019 Citations: 19-6460.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM : Benjamin Heyward, a South Carolina inmate, brought this action pursuant to 42 U.S.C. 1983, claiming that Defendant A. Price, a corrections officer, used excessive force in violation of the Fourth, Eighth, and Fourteenth Amendments when she sprayed him with pepper spray. Heyward now appeals the district court's order accepting in part the recommendation of the magistrate judge, granting Price's motion for summary...

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TAYLOR v. GRUBBS, 17-6374 (2019)
Court of Appeals for the Fourth Circuit Filed: Nov. 07, 2019 Citations: 17-6374, 17-6375, 17-6376.

UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM . In these consolidated appeals, Therl Taylor appeals the district court's orders accepting the recommendations of the magistrate judge and dismissing Taylor's 42 U.S.C. 1983 (2012) complaints for failure to state a claim and counting each case as a strike. 1 We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. 2 Taylor v....

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MASSENBURG v. INNOVATIVE TALENT SOLUTIONS, INC., 19-1192. (2019)
Court of Appeals for the Fourth Circuit Filed: Oct. 08, 2019 Citations: 19-1192.

UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM . Nancy Massenburg appeals the district court's order granting Innovative Talent Solutions, Inc.'s ("ITS") motion for summary judgment, granting Lee Air Conditioners, Inc.'s ("Lee Air") motion to dismiss, granting in part ITS's motion to strike Massenburg's second amended complaint, dismissing as moot Massenburg's motion to compel, striking Massenburg's supplemental claims, dismissing as moot Defendants'...

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UNITED STATES v. KERSHAW, 18-4929. (2019)
Court of Appeals for the Fourth Circuit Filed: Oct. 08, 2019 Citations: 18-4929.

UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM . Gabriel Z. Kershaw appeals his 120-month sentence for distribution of cocaine and crack cocaine, in violation of 21 U.S.C. 841(a)(1), (b)(1)(C) (2012). He contends that the district court erroneously sentenced him as a career offender under U.S. Sentencing Guidelines Manual 4B1.1 (2016), because his prior conviction under S.C. Code Ann. 44-53-370(a)(1), (b)(2) (2018) does not qualify as a...

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UNITED STATES v. TURNER, 19-4130. (2019)
Court of Appeals for the Fourth Circuit Filed: Sep. 27, 2019 Citations: 19-4130.

UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM . Tiyon Nathan Turner pled guilty pursuant to a plea agreement to possession of a firearm by a convicted felon, in violation of 18 U.S.C. 922(g)(1), 924(a)(2) (2012), and possession of marijuana after having been convicted of two or more convictions for any drug, narcotic, or chemical offense, in violation of 21 U.S.C. 844(a), 851(a) (2012) and 18 U.S.C. 3551 (2012). The district court calculated...

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SOTO v. BARR, 18-1912. (2019)
Court of Appeals for the Fourth Circuit Filed: Aug. 30, 2019 Citations: 18-1912.

UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM : Luis Armando Soto, a native and citizen of Peru, petitions for review of an order of the Board of Immigration Appeals (Board) denying his numerically barred second motion to reopen. We deny the petition for review. We review the denial of a motion to reopen for abuse of discretion. 8 C.F.R. 1003.23(b)(3) (2019); INS v. Doherty, 502 U.S. 314 , 323-24 (1992); Mosere v. Mukasey, 552 F.3d 397 ,...

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WELTON v. DURHAM COUNTY, 18-2340. (2019)
Court of Appeals for the Fourth Circuit Filed: Aug. 28, 2019 Citations: 18-2340.

UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM : Marqueta Welton, a former employee of Durham County, North Carolina ("the County"), commenced this action against the County, County Manager Wendell Davis, and others (collectively, "Defendants"), alleging various forms of retaliation, in violation of the First Amendment and Title VII of the Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C.A. 2000e to 2000e-17 (West 2012 & Supp. 2018)....

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AL SHIMARI v. CACI PREMIER TECHNOLOGY, INC., 19-1328. (2019)
Court of Appeals for the Fourth Circuit Filed: Aug. 23, 2019 Citations: 19-1328.

UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. FLOYD , Circuit Judge . Plaintiffs are Iraqi citizens who allege that they were tortured while detained at Abu Ghraib. Defendant CACI Premier Technology, Inc. (CACI) is a U.S. government contractor that provided civilian interrogators at Abu Ghraib. Plaintiffs allege that CACI interrogators abused them—or conspired in or aided and abetted their abuse—in ways amounting to torture and other war crimes. In this...

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UNITED STATES v. HIPP, 18-4892. (2019)
Court of Appeals for the Fourth Circuit Filed: Aug. 22, 2019 Citations: 18-4892.

UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM : Scott Terrill Hipp pleaded guilty to one count of conspiracy to distribute, and possess with intent to distribute, at least 50 grams of methamphetamine and 500 grams of a mixture or substance containing methamphetamine, in violation of 21 U.S.C. 841(a)(1), 846 (2012). His advisory Sentencing Guidelines range was 97 to 121 months in prison, based on his offense level of 28 and category-III criminal...

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HAYNESWORTH v. CORRECT CARE RECOVERY SOLUTIONS, 19-6150. (2019)
Court of Appeals for the Fourth Circuit Filed: Aug. 06, 2019 Citations: 19-6150.

UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM . Alphonso Haynesworth appeals from the district court's order adopting the recommendation of the magistrate judge in part, granting summary judgment to Defendants on his constitutional claims brought under 42 U.S.C. 1983 (2012), declining to exercise supplemental jurisdiction over his South Carolina state law claims, and dismissing those claims without prejudice. We have reviewed the record and find...

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MYER v. NORTHAM, 19-1035. (2019)
Court of Appeals for the Fourth Circuit Filed: Aug. 05, 2019 Citations: 19-1035.

UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM . Glenn Myer seeks to appeal the district court's order granting Defendants' motions to dismiss his civil action for failure to state a claim for relief and lack of subject matter jurisdiction. This court may exercise jurisdiction only over final orders, 28 U.S.C. 1291 (2012), and certain interlocutory and collateral orders, 28 U.S.C. 1292 (2012); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus....

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UNITED STATES v. OLOYEDE, 933 F.3d 302 (2019)
Court of Appeals for the Fourth Circuit Filed: Jul. 31, 2019 Citations: 933 F.3d 302, 17-4102, 17-4186, 17-4191, 17-4207.

NIEMEYER , Circuit Judge : The four defendants in these appeals, who were charged as participants in a conspiracy that involved numerous others, were tried together and convicted of conspiracy to commit wire fraud and related offenses based on an extensive online dating fraud scheme that induced elderly victims to transfer money to the defendants' bank accounts based on postured romantic relationships. The district court found that the defendants obtained over $2 million in this manner...

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MALLA v. BARR, 18-2465. (2019)
Court of Appeals for the Fourth Circuit Filed: Jul. 26, 2019 Citations: 18-2465.

UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM . Shiva Malla, a native and citizen of Nepal, petitions for review of an order of the Board of Immigration Appeals (Board) dismissing his appeal from the immigration judge's denial of Malla's requests for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). On appeal, Malla challenges the agency's determination that he failed to establish changed circumstances to...

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DAWSON-MURDOCK v. NATIONAL COUNSELING GROUP, INC., 931 F.3d 269 (2019)
Court of Appeals for the Fourth Circuit Filed: Jul. 24, 2019 Citations: 931 F.3d 269, 18-1989.

KING , Circuit Judge . Plaintiff Rema Dawson-Murdock ("Rema") appeals from the dismissal of her civil action in the Eastern District of Virginia. Rema sued National Counseling Group, Inc. ("NCG"), alleging two claims under the Employee Retirement Income Security Act of 1974 ("ERISA") (codified primarily in Title 29 of the United States Code). See Dawson-Murdock v. Nat'l Counseling Grp., Inc., No. 3:18-cv-00058 (E.D. Va. Jan. 26, 2018), ECF No. 1 (the "Complaint"). 1 More specifically,...

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U.S. v. DAYE, 19-4052. (2019)
Court of Appeals for the Fourth Circuit Filed: Jul. 22, 2019 Citations: 19-4052.

UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM . Steven Le-Guy Daye pleaded guilty to possession of ammunition by a convicted felon in violation of 18 U.S.C. 922(g), 924(a)(2) (2012). The district court sentenced him to 57 months' imprisonment. Counsel has filed an Anders v. California, 386 U.S. 738 (1967) brief, finding no meritorious issues, but questioning whether the court complied with Fed. R. Crim. P. 11 and whether Daye's guilty plea...

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UNITED STATES v. COURTNEY, 19-6338. (2019)
Court of Appeals for the Fourth Circuit Filed: Jul. 19, 2019 Citations: 19-6338.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM . Samuel Lee Courtney appeals the district court's order dismissing without prejudice his 28 U.S.C. 2255 (2012) motion as successive. On appeal, we confine our review to the issues raised in the Appellant's brief. See 4th Cir. R. 34(b). Because Courtney's informal brief does not challenge the basis for the district court's disposition, Courtney has forfeited appellate review of the court's order. See Jackson v....

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DISTRICT OF COLUMBIA v. TRUMP, 930 F.3d 209 (2019)
Court of Appeals for the Fourth Circuit Filed: Jul. 10, 2019 Citations: 930 F.3d 209, 18-2488.

NIEMEYER , Circuit Judge : The District of Columbia and the State of Maryland commenced this action against Donald J. Trump in his official capacity as President of the United States and in his individual capacity, alleging that he violated the Foreign and Domestic Emoluments Clauses of the U.S. Constitution. This action is the same as that which we address in appeal No. 18-2486, also decided today, and is governed by the same complaint. In No. 18-2486, we address the President's motion to...

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IN RE TRUMP, 928 F.3d 360 (2019)
Court of Appeals for the Fourth Circuit Filed: Jul. 10, 2019 Citations: 928 F.3d 360, 18-2486.

NIEMEYER , Circuit Judge . The District of Columbia and the State of Maryland commenced this action against Donald J. Trump in his official capacity as President of the United States and in his individual capacity, alleging that he violated the Foreign and Domestic Emoluments Clauses of the U.S. Constitution. The Foreign Emoluments Clause provides that no officer of the United States shall "accept" any "present, Emolument, Office, or Title ... from any King, Prince, or foreign State." U....

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UNITED STATES v. COURTADE, 18-6150. (2019)
Court of Appeals for the Fourth Circuit Filed: Jul. 03, 2019 Citations: 18-6150.

GREGORY , Chief Judge : Appellant Ryan Courtade seeks post-conviction relief in connection with his guilty plea for possession of child pornography in violation of 18 U.S.C. 2252(a)(4)(B). The district court denied Courtade's motion under 28 U.S.C. 2255 to vacate, set aside, or correct his sentence. Finding no error, we affirm the judgment of the district court. I. In August 2014, investigators with the Chesapeake Police Department received a complaint from Courtade's wife alleging...

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