GRIFFIN, Circuit Judge. The Secretary of Labor petitions this court for review of a final order of the Occupational Safety and Health Review Commission. The Commission affirmed in part and reversed in part a decision by an Administrative Law Judge, who affirmed the majority of citations issued to respondent Manganas Painting Co., Inc. by the Occupational Safety and Health Administration following a 1994 inspection of a worksite on the southbound structure of the Jeremiah Morrow Bridge. Although the Commission’s order adjudicated numerous citations issued to Manganas Painting, the Secretary’s petition appeals only three citations for unguarded scaffolds that were vacated by the Commission.

In a 2-1 decision, the Commission held that these citations were barred by § 10(b) of the Occupational Safety and Health Act of 1970 (“the Act”), 29 U.S.C. § 659(b), because a 1993 citation for the same unguarded scaffold condition, arising out of an inspection of the northbound structure of the Morrow Bridge, was pending before the Commission at the time these 1994 citations were issued for the southbound bridge. Commissioner Rogers dissented on the basis that because the citations issued in 1993 and 1994 arose at separate worksites and at different times, § 10(b) did not bar the 1994 unguarded scaffold citations. We agree with the rationale advocated by the dissent and therefore grant the petition for review, reverse the Commission, and remand for further proceedings regarding the merits of the citations at issue.

KENNEDY, Circuit Judge. Defendants Jeremiah Sims and Joshshan Childs appeal their convictions for conspiracy to commit murder for hire resulting in the death of Chrissy Satterfield in violation of 18 U.S.C. §§ 1958(a) and 2. Defendant Joshshan Childs also appeals his conviction for the underlying substantive offense of murder for hire. Sims raises four arguments on appeal: (1) the district court erred when it denied his Rule 29 motion for acquittal; (2) the district court erred in allowing Jackie Love to testify to an out-of-court statement made by indicted co-conspirator Carolyn Ross; (3) the district court improperly required him to testify under a statutory grant of use immunity at his co-defendant’s trial; and (4) the district court erred when it failed to order Childs, over his attorney’s objections, to submit to a pre-testimony interview by Sims’ attorney. In his sole argument, Childs argues that the district court erred in denying his mistrial motion based on the government’s allegedly improper questioning of him at trial in violation of the Fifth Amendment. Because we find that the district court did not err on any of these grounds, we AFFIRM both defendants’ convictions.

SUTTON, Circuit Judge. Timothy and Barbara Kosinski challenge a decision by the Tax Court upholding a tax deficiency and a fraud penalty. They raise two issues: that earlier findings made by a federal district court in the course of imposing a sentence on Timothy Kosinski in a criminal case precluded the Tax Court’s deficiency findings, and that the government failed to show that the deficiency resulted from fraud. Because the district court’s sentencing findings lack issuepreclusive effect and because the government carried its burden of proving fraud, we affirm.

GRIFFIN, Circuit Judge. Plaintiff-appellant Sonia Tucker brought the present action alleging violations of the Family and Medical Leave Act (“FMLA”), 29 U.S.C. §§ 2601 et seq., against her former employer, defendant-appellee Middleburg-Legacy Place, LLC (“Middleburg”), and Middleburg’s human resources manager, defendant-appellee Jennifer Larsen, following the termination of Tucker’s employment after an approved medical leave. The district court granted defendants’ motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c) and denied further amendment of plaintiff’s complaint. Tucker now appeals the district court’s order dismissing her cause of action. For the reasons set forth below, we affirm.

VAN TATENHOVE, District Judge. The Appellants challenge the district court’s grant of summary judgment in favor of two government entities as to their claims for accommodation under the Americans with Disabilities Act at the arrest, post-arrest detention, initial appearance, and dispositional hearing on their charges. Generally, the district court determined that either the actions at issue were not covered by the ADA and/or that the communication provided was as effective as that available to non-disabled persons. Because we find that the Appellants’ rights were not violated, we affirm.