Collins Iris Gaston, a federal prisoner, appeals the district court's denial, on remand from this Court, of his 28 U.S.C. § 2255 motion to vacate, set aside, or correct sentence. On appeal, Gaston contends that the district court failed to make any finding about whether his attorney, Tim Coyle, should have consulted with him about filing a direct appeal and only found that Gaston had not specifically instructed Coyle to file a direct appeal. Gaston asserts that the evidence demonstrates...  

Luis Guillermo Arbelaez Bonilla, on his own behalf and on behalf of his... ... ... wife and two daughters as derivative applicants, petitions for review of the Board of Immigration Appeal's ("BIA") order adopting and affirming the immigration judge's ("IJ") decision ordering his removal and denying his application for asylum under 8 U.S.C. § 1158 and withholding of removal under 8 U.S.C. § 1231(b)(3). For the reasons discussed below, we deny his petition... I....  

Appellant Selvin Gene Brown, through counsel, appeals the district court's... ... ... order denying his 28 U.S.C. § 2255 motion to vacate his sentence as time-barred. On appeal, Brown concedes that he filed his § 2255 motion after the applicable statute of limitations had expired. Nevertheless, Brown argues that the statute of limitations should be equitably tolled because, due to his extreme communication problems, Brown had no way of finding out about his right to file a habeas...  

In 2003, Plaintiff Andrew W. Massih purchased a new Audi automobile from Jim Ellis Motors, Inc. The sale was financed through a Retail Installment Sales Contract (RISC) with Audi Financial Services (Audi). Massih also paid Audi $499.00 to enroll in the Total Loss Protection Program (TLPP), memorialized in an addendum to the RISC ("the Addendum"). Pursuant to the terms of the Addendum, should Massih's automobile become a total loss and be valued at less than the remaining balance on the...  

James T. Skuthan, appointed counsel for Willie Hickson Smith, in this direct criminal appeal, has moved to withdraw from further representation of the appellant and filed a brief pursuant to Anders v.California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Our independent review of the entire record reveals that counsel's assessment of the relative merit of the appeal is correct. Because independent examination of the entire record reveals no arguable issues of merit, counsel's motion to...  

Petitioners Arelis Esther Galarraga de Aguilar ("Arelis"), Carlos Alberto Galarraga-Aguilar ("Carlos"), and Carlos Eduardo Galarraga-Aguilar ("Carlos Eduardo") (collectively, "the Aguilars") seek review of the Board of Immigration Appeals' ("BIA") decision affirming the Immigration Judge's ("IJ") order denying their applications for asylum and withholding of removal under the Immigration and Nationality Act ("INA") and relief under the...  

Timothy N. Homrighausen appeals the district court's denial of his motion... ... ... for return of property, filed pursuant to Federal Rule of Criminal Procedure 41(g). After review, we vacate the district court's order and remand... I. BACKGROUND... In February 2006, after receiving an anonymous tip, the Federal Bureau of Investigation ("FBI") began investigating Homrighausen's involvement in a bank robbery. When FBI agents questioned Homrighausen, they discovered a small pocket knife...  

GEICO General Insurance Company (GEICO) appeals the final judgment following a jury verdict in favor of Jack A. McDonald, Penny McDonald, and Brandi McDonald (the McDonalds). GEICO asserts two issues on appeal: (1) the district court erred in giving a jury instruction that required the jury to resolve all disputes in the evidence in favor of the plaintiffs, and (2) the district court erred in denying GEICO's Rule 50 motion for judgment as a matter of law because there was no evidence of bad...  

Honglun Lei, a native and citizen of China, and his wife, Shinta Susilo Putri,... ... ... a native and citizen of Indonesia, petition this Court for review of the decision of the Board of Immigration Appeals that denied their applications for asylum and withholding of removal under the Immigration and Nationality Act and the United Nations Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment. INA § 241(b)(3), 8 U.S.C. § 1231(b)(3); 8 C.F.R. §...  

On March 28, 2008, the district court sentenced appellant, pursuant to a plea... ... ... agreement, to a prison term of 46 months for conspiracy to commit bank fraud.1 He now appeals his sentence, contending that the district court (1) erred in increasing his base offense level by two-levels for use of "sophisticated means," U.S.S.G. § 2B1.1(b)(9)(C); (2) erred in increasing his base offense level by two-levels for "abuse of position of trust," U.S.S.G. § 3B1.3; and...  

Petitioners David Norouzi, who is a native of Iran and a citizen of France,... ... ... and Jila Sardari-Amidabadi, who is a native and citizen of Iran, seek review of the Board of Immigration Appeals's (BIA) decision, affirming the immigration judge's ("IJ") denial of their application for withholding of removal under the Immigration and Nationality Act ("INA"), and relief under the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or...  

Appellant Martiel Sharmel Leeks was indicted on three counts of acquiring... ... ... firearms by knowingly making false and fictitious written statements to federally licensed firearms dealers, in violation of 18 U.S.C. § 922(a)(6). These charges stemmed from three transactions in which Leeks purchased eight firearms from federal firearms licensees. In each transaction, Leeks completed a Bureau of Alcohol, Tobacco, and Firearms Form 4473, in which he indicated that he was the actual buyer...  

John Webster appeals his convictions for unlawful possession of a firearm... ... ... by a felon, in violation of 18 U.S.C. § 922(g)(1), and possession of marijuana, in violation of 21 U.S.C. § 844(a). In particular Webster challenges the district court's denial of his motion to suppress the firearm and marijuana, which was discovered when Webster was searched after being pulled over because a police officer believed that Webster's car matched a "be on the look out" warning...  

Derrick Devon Smith ("Smith"), a federal prisoner, appeals the district court's denial of his motion for a sentence reduction under 18 U.S.C. § 3582(c)(2). Smith's motion was based on Amendment 706 to the Sentencing Guidelines, which lowered the base offense levels for certain crack cocaine cases. The district court denied Smith's motion because his sentencing guideline range was not lowered by the amendment. On appeal, Smith concedes that his base offense level and guideline range...  

Atari A. Endsley appeals pro se the district court's order granting summary judgment to the City of Macon, Chief of Police Mike Burns, Officer Tracey Stanley, and Officer Emmett Bivins, on Endsley's 42 U.S.C. § 1983 claims alleging constitutional violations arising from a March 19, 2005, traffic accident involving Endsley. Endsley argues that the district court erred in finding that his instant federal claims were barred by res judicata based on an earlier lawsuit he had filed in the...  

In late 2003, Plaintiffs Eric and Bonnie Kaplan ("the Kaplans") began receiving BOTOX Cosmetic ("BOTOX") injections from Bach McComb, a one-time... ... ... osteopath who had lost his license to practice medicine in Florida. The Kaplans sought the BOTOX injections for purely cosmetic purposes. After receiving several injections without incident, the Kaplans suffered severe injuries when, on November 24, 2004, McComb substituted raw botulinum-A toxin for BOTOX... The Kaplans...  

Petitioner Sikkander Chacku, a native and citizen of India, entered the United States on April 27, 1997, as a nonimmigrant visitor authorized to remain for a period not to exceed three months. On December 3, 2004, the Department of Homeland Security ("DHS") served Chacku with a Notice to Appear, which alleged that he was removable as a nonimmigrant because he had remained in the United States longer than permitted and failed to comply with the conditions of the nonimmigrant status... On...  

The government appeals appellee Courtney Mays's 51-month sentence for... ... ... being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1), challenging the district court's determination that Mays was not an armed career criminal, pursuant to 18 U.S.C. § 924(e). The government argues that the district court erred in deciding that Mays's prior Alabama convictions for first-degree possession of marijuana for other than personal use were not "serious drug...  

Daryl Allen Jones appeals the district court's judgment denying him relief under 18 U.S.C. § 3582(c)(2). The district court concluded that Jones was ineligible for a reduction of his sentence under § 3582(c)(2) because Amendment 706 to the Sentencing Guidelines did not lower his base offense level given the quantity of crack cocaine for which he was responsible... We review de novo a district court's conclusions about the scope of its legal authority under 18 U.S.C. § 3582(c)(2)....  

In this appeal, we are called upon to address whether the Appellee Hawksbay Ltd. ("Hawksbay") presented sufficient evidence to support a jury verdict and final judgment of almost $40 million rendered against Appellant Edward Merrit Reizen ("Reizen") in this diversity action. Hawksbay claimed that Reizen breached his fiduciary duty, engaged in fraud, fraudulent concealment, conversion, civil theft, and aided and abetted a breach of fiduciary duty in violation of Florida law. On...