MERRITT, Circuit Judge. The sole issue in this diversity action is whether plaintiff has standing under Ohio law to assert claims based on an alleged breach of contract when he is not a party to the contract. Plaintiff Stephen Cook sold variable annuities on behalf of defendants, referred to herein collectively as Ohio National, pursuant to a contract between Ohio National and a broker-dealer, Triad Advisors. Under the agreement, Ohio National paid commissions on the previously sold annuities to Triad, who in turn paid commissions to plaintiff pursuant to a separate agreement between plaintiff and Triad that is not at issue in this appeal. Triad is not a party to this suit. After Ohio National terminated its agreement with Triad, Ohio National refused to pay further commissions on annuities sold during the term of the agreement. In an attempt to recover the commissions, plaintiff sued Ohio National for breach of its agreement with Triad. Plaintiff contends that as a “third-party beneficiary” to the agreement between Ohio National and Triad, he has standing to bring suit. Ohio National disagreed, and filed a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). The merits of the underlying claim concerning the alleged breach by Ohio National are not before us in this appeal.

The district court found that, under Ohio law, plaintiff is not an “intended” third-party beneficiary of the agreement between Ohio National and Triad, and he therefore cannot maintain an action against Ohio National. The district court also found that plaintiff could not maintain an alternative claim of unjust enrichment claim against Ohio National. Accordingly, it granted Ohio National’s motion to dismiss. For the reasons that follow, we affirm the judgment of the district court.

Defendant, Timothy Cole Moose, was charged with one count of possession of a firearm by a convicted felon in an indictment returned by the Monroe County Grand Jury. Following a jury trial, he was found guilty of the lesser included offense of attempted possession of a firearm by a convicted felon. The trial court sentenced defendant to a six- year sentence as a career offender. In this appeal, Defendant’s sole issue is a challenge to the sufficiency of the evidence to support the convictions. After a thorough review of the record and the briefs of the parties, we affirm the judgment of the trial court.

The defendant, Odell Glass, appeals his Knox County Criminal Court jury convictions of possession of a firearm by a convicted felon, felony murder, and reckless homicide, challenging the admission of testimony from the medical examiner regarding muzzle distance, the admission of surveillance video, and the sufficiency of the convicting evidence. Discerning no error, we affirm.

The Defendant, Joseph Brennan, appeals as of right from the Sevier County Circuit Court’s revocation of his probation and reinstatement of the remainder of his six-year sentence for aggravated assault. Although the Defendant acknowledges that he violated the terms of his probationary sentence, he submits that the trial court abused its discretion by requiring him to serve the balance of his sentence in custody given his expressed desire for drug treatment and need for rehabilitation. Following our review, we affirm the judgment of the trial court.

Pro se appellant appeals the trial court’s dismissal of the complaint pursuant to Tennessee Rule of Civil Procedure 12.02(6). We affirm the trial court.

The court received a petition for rehearing en banc. The original panel has reviewed the petition for rehearing and concludes that the issues raised in the petition were fully considered upon the original submission and decision. The petition then was circulated to the full court. Less than a majority of the judges voted in favor of rehearing en banc.

Therefore, the petition is denied.

THAPAR, Circuit Judge. Luis Eduardo Cuellar Garcia sought asylum in the United States. The question here is who should have decided his fate: an immigration judge or the United States Citizenship and Immigration Services (USCIS). Garcia argues that the immigration judge lacked jurisdiction over his case. We disagree and deny his petition for review.

We deny Garcia’s petition for review, except for his challenge to the denial of his motion for a continuance, which we dismiss as moot.

The Petitioner, Brandon D. Theus, appeals the Madison County Circuit Court’s denial of his petition for post-conviction relief from his 2016 conviction for unlawful possession of a firearm by a convicted felon. The Petitioner contends that he received the ineffective assistance of counsel. We affirm the judgment of the post-conviction court.

A Knox County jury convicted the Defendant, William Grant Morgan, alias, of first degree premeditated murder and possession of drug paraphernalia. He received concurrent terms of life imprisonment and eleven months and twenty-nine days, respectively. In this appeal as of right, the Defendant raises the following issues: (1) whether the evidence was sufficient to sustain the Defendant’s murder conviction, specifically, challenging the element of premeditation; (2) whether the trial court failed to ensure that the Defendant voluntarily and knowingly waived certain defenses against the advice of his attorneys; (3) whether the trial court erred in admitting an autopsy photograph depicting the multiple cuts to the victim’s throat; and (4) whether the trial court committed plain error by admitting evidence that the Defendant invoked his right to remain silent. After our review of the record, we affirm the judgments of the trial court.

The Defendant, David Byron Alexander, Jr., was convicted by a Henderson County Circuit Court jury of aggravated assault, a Class C felony; two counts of vandalism valued at $1000 or less, a Class A misdemeanor; aggravated criminal trespass, a Class A misdemeanor; and domestic assault, a Class A misdemeanor. See T.C.A. §§ 39-13-102 (2018) (aggravated assault); 39-14-408 (2018) (vandalism); 39-14-105 (2018) (grading); 39-14-406 (2018) (aggravated criminal trespass); 39-13-111 (2018) (domestic assault). The trial court sentenced the Defendant to eleven months, twenty-nine days for each misdemeanor conviction and to six years for aggravated assault. The court ordered concurrent service of the misdemeanor sentences and consecutive service with the six- year sentence, for an effective sentence of six years, eleven months, and twenty-nine days. The court, likewise, ordered the Defendant to serve his effective sentence consecutively to a six-year sentence imposed in an unrelated drug case. On appeal, the Defendant contends that (1) the evidence is insufficient to support his convictions and (2) his sentence is excessive. We affirm the judgments of the trial court.