UNITED STATES COURT OF APPEALS FOR THE FOURTH …

1 UNITED STATES COURT OF APPEALS FOR THE FOURTH circuit Page 1 of 21 FOR THE FOURTH circuit REVD 9/21/18 Richmond, VA (9/25/2018 - 9/28/2018 Session) Tuesday, September 25, 2018 _____ 18-1159 Briefs MOUNTAIN VALLEY PIPELINE: Challenge to preliminary injunctions entered in three separate civil actions Mountain Valley Pipeline, LLC v. Acres granting immediate possession in condemnation proceedings under the Natural Gas Act. ( Dillon ) Associations: 18-1175, 18-1181, 18-1187, 18-1241, 18-1242, 18-1165, 18-1300 _____ 17-4230 Briefs CRIMINAL: Whether Defendant unambiguously invoked his right to remain silent; whether sufficient evidence US v. Nader Abdallah supported Defendant's convictions; other issues.

2 ( Jackson ) _____ 17-4124 Briefs CRIMINAL: Whether COURT erred in denying motion to sever; whether search fell under inventory search US v. Michael Kenneth Young exception to warrant requirement; other issues. ( Seymour ) _____ 17-7082 Briefs HABEAS CORPUS: Whether the district COURT erred in denying motion to compel compliance with Mangum v. Anthony Mangum v. S. Hallembaek Hallembaek, 824 98 (4th Cir. 2016). ( Flanagan ) PANEL I Red Courtroom (Room 412) 9:30 Tuesday, September 25, 2018 UNITED STATES COURT OF APPEALS FOR THE FOURTH circuit Page 2 of 21 FOR THE FOURTH circuit Richmond, VA (9/25/2018 - 9/28/2018 Session) Tuesday, September 25, 2018 _____ 17-0006 Briefs HABEAS: Was it constitutional error to exclude proffered evidence at penalty phase and sentence appellant to Mark Lawlor v.

3 David Zook death based in part on failure to express remorse. ( Davis ) _____ 17-6287 Briefs CIVIL RIGHTS: Whether prisoner is entitled to statutory or equitable tolling of 42 section 1983 (2012) claims William Battle, III v. J. Ledford while exhausting administrative remedies. ( Dillon ) _____ 17-2287 Briefs IMMIGRATION: Whether agency erred in concluding that Maryland crime of sexual offense in the FOURTH degree is Hector Henriquez Dimas v. Jefferson Sessions a crime involving moral turpitude. _____ 17-2140 Briefs IMMIGRATION: Whether substantial evidence supports the Board's reversal of grant of protection under the Concepcion Ramos Nunes v. Jefferson Sessions Convention Against Torture. PANEL II Butzner Courtroom 201 9:30 Tuesday, September 25, 2018 UNITED STATES COURT OF APPEALS FOR THE FOURTH circuit Page 3 of 21 FOR THE FOURTH circuit Richmond, VA (9/25/2018 - 9/28/2018 Session) Tuesday, September 25, 2018 _____ 16-2389 Briefs IMMIGRATION: Whether petitioner's relationship to his disabled father was one central reason he was targeted Jose Cortez-Mendez v.

4 Jefferson Sessions III by gangs in El Salvador. _____ 17-1937 Briefs CIVIL: Whether payment under Transitional Reinsurance Program of the Affordable Care Act, qualifies as a tax Electrical Welfare Trust Fund v. US under 28 section 1346(a)(1). ( Chasanow ) _____ 18-1762 Briefs MANDAMUS: Constitutional challenge to district COURT s sua sponte entry of order restricting speech about the cases. In re: Murphy-Brown, LLC _____ 17-2112 Briefs CIVIL: Whether the district COURT erred in granting motion for judgment on the pleadings. Pulte Home Corporation v. Montgomery ( Hazel ) PANEL III Blue Courtroom (Room 339) 9:30 Tuesday, September 25, 2018 UNITED STATES COURT OF APPEALS FOR THE FOURTH circuit Page 4 of 21 FOR THE FOURTH circuit Richmond, VA (9/25/2018 - 9/28/2018 Session) Tuesday, September 25, 2018 _____ 16-2057 Briefs CIVIL: Multiple issues arising in action against former trustee of decedent's trust and her husband.

5 Desa Ballard v. Diane Combis ( Anderson ) Associations: 16-2136 _____ 17-4745 Briefs SENTENCING: Whether good behavior sentence qualifies as criminal justice sentence under Guidelines section US v. Andreatti Brown (d); whether challenged prior sentence had custodial or supervisory component; other issues. ( Jackson ) _____ 17-2004 Briefs CIVIL: Which burden of proof applied in establishing personal jurisdiction over Defendant; whether Plaintiffs Sneha Med. & Entertainment v. Associated met such burden. ( Brinkema ) _____ 17-2209 Briefs IMMIGRATION: Whether agency erred in finding alien committed crime (Virginia felony abduction) involving Yerson Mauricio-Vasquez v. Jefferson B. Sessions moral turpitude within five years of admission; removability post-Dimaya.

6 PANEL IV Gold Courtroom (Room 348) 9:30 Tuesday, September 25, 2018 UNITED STATES COURT OF APPEALS FOR THE FOURTH circuit Page 5 of 21 FOR THE FOURTH circuit Richmond, VA (9/25/2018 - 9/28/2018 Session) Tuesday, September 25, 2018 _____ 17-2071 Briefs IMMIGRATION: Whether the Board erred in applying "one central reason" nexus standard to withholding of Melvin Hercules-Torres v. Jefferson Sessions removal claim. _____ 17-6922 Briefs CIVIL RIGHTS: Whether defendants deprived appellant, a pretrial detainee, of due process by subjecting him to Dustin Williamson v. Brian Sterling more than three years of solitary confinement; other issues. ( Lewis ) _____ 17-2067 Briefs IMMIGRATION: Whether petitioner's experience amounted to past persecution; other issues.

7 Marcio Lopez-Orellana v. Jefferson B. Sessions _____ 17-2241 Briefs TITLE VII: Whether district COURT erred in granting summary judgment on sexual harassment and retaliation claims. Tamika Ray v. International Paper Company ( Cain ) PANEL V Tweed Courtroom (Room 414-D) 9:30 Tuesday, September 25, 2018 UNITED STATES COURT OF APPEALS FOR THE FOURTH circuit Page 6 of 21 FOR THE FOURTH circuit Richmond, VA (9/25/2018 - 9/28/2018 Session) Wednesday, September 26, 2018 _____ 15-4640 Briefs REHEARING EN BANC US v. Joseph Simms ( Boyle ) Butzner En Banc Courtroom 201 9:00 Wednesday, September 26, 2018 UNITED STATES COURT OF APPEALS FOR THE FOURTH circuit Page 7 of 21 FOR THE FOURTH circuit Richmond, VA (9/25/2018 - 9/28/2018 Session) Wednesday, September 26, 2018 _____ 17-2002 Briefs CONSTITUTIONAL LAW: Whether public office holder violated individual's rights by banning him from social Brian Davison v.

8 Phyllis Randall media page; other issues. ( Cacheris ) Associations: 17-2003 PANEL I Red Courtroom (Room 412) After the en banc session Wednesday, September 26, 2018 UNITED STATES COURT OF APPEALS FOR THE FOURTH circuit Page 8 of 21 FOR THE FOURTH circuit Richmond, VA (9/25/2018 - 9/28/2018 Session) Wednesday, September 26, 2018 _____ 13-6491 Briefs POST-CONVICTION: Whether appeal period of Rule 4(a) or that of Rule 4(b) applies to appeal of amended US v. Darius Chaney criminal judgment following partial section 2255 relief. ( Cogburn ) _____ 17-1848 Briefs CIVIL RIGHTS: Propriety of summary judgment; applicability of state-created danger doctrine; qualified immunity. Eunice Graves v. Daniel Lioi ( Blake ) Associations: 17-1857 PANEL II Butzner Courtroom 201 After the en banc session Wednesday, September 26, 2018 UNITED STATES COURT OF APPEALS FOR THE FOURTH circuit Page 9 of 21 FOR THE FOURTH circuit Richmond, VA (9/25/2018 - 9/28/2018 Session) Wednesday, September 26, 2018 _____ 17-4232 Briefs SENTENCING: Whether the district COURT erred in failing to announce whether it would run its sentence US v.

9 Gary Giovon Lynn concurrent to an anticipated state sentence on related charges. ( Osteen ) _____ 17-1992 Briefs CIVIL: Whether district COURT erred in finding statute of limitations for minor's FTCA claim began before medical Michael Pinilla v. US evidence indicated permanency of condition and cause of injury could be determined. ( Anderson ) PANEL III Blue Courtroom (Room 339) After the en banc session Wednesday, September 26, 2018 UNITED STATES COURT OF APPEALS FOR THE FOURTH circuit Page 10 of 21 FOR THE FOURTH circuit Richmond, VA (9/25/2018 - 9/28/2018 Session) Wednesday, September 26, 2018 _____ 17-1366 Briefs SOCIAL SECURITY: Whether the ALJ's assessment of claimant's credibility and residual functional capacity is Leon L.

10 Ladda , Jr. v. Nancy A. Berryhill supported by substantial evidence. (15 mins. per side) ( Voorhees ) _____ 17-4181 Briefs CRIMINAL: Sufficiency of evidence of intent element of carjacking; whether separate convictions under 18 US v. Carlos Benson section 924(c) and section 924(j) violate double jeopardy; other issues. ( Whitney ) Associations: 17-4222 PANEL IV Gold Courtroom (Room 348) After the en banc session Wednesday, September 26, 2018 UNITED STATES COURT OF APPEALS FOR THE FOURTH circuit Page 11 of 21 FOR THE FOURTH circuit Richmond, VA (9/25/2018 - 9/28/2018 Session) Wednesday, September 26, 2018 _____ 17-4614 Briefs CRIMINAL: Whether variance sentence is procedurally unreasonable. US v. Mario Macias-Maldonado ( Payne ) _____ 17-2120 Briefs CIVIL: Propriety of district COURT s dismissal of complaint as barred by witness litigation privlege; other issues.