091137P.pdf 02/09/2010 United States v. Byron Butler
U.S. Court of Appeals Case No: 09-1137
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Piersol, Author, with Colloton and Benton, Circuit Judges]
Criminal case - criminal law and sentencing. District court did not err
in rejecting defendant's Franks argument, and there was no error in the
challenged portions of the search warrant affidavit which would require
suppression; information in the warrant application supplied by a
confidential informant was sufficiently corroborated and the informant
had a sufficient track record to support the district court's finding of
probable cause; no error in admitting drug paraphernalia found at the time
officers seized the firearm in question; evidence was sufficient to show
defendant, a felon, possessed the firearm; no error in imposing
enhancements under Guidelines Sec. 2K2.1(b)(6) or in rejecting
defendant's request for a downward departure under Guidelines Sec.
4A1.3(b)(1); sentence was not unreasonable.
091381P.pdf 02/09/2010 Nestle Purina Petcare Co. v. CIR
U.S. Court of Appeals Case No: 09-1381
Tax Court, Internal Revenue Service
[PUBLISHED] [Benton, Author, with Loken, Chief Judge, and Arnold,
Circuit Judge]
Federal Tax. The United States Tax Court did not err in finding
taxpayer could not deduct payments for cash distribution redemptive
dividends.
091602P.pdf 02/09/2010 United States v. Bradley Hodge
U.S. Court of Appeals Case No: 09-1602
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Wollman, Author, with Riley and Melloy, Circuit Judges]
Criminal case - criminal law and sentencing. Evidence was sufficient to
support defendant's convictions for conspiring to manufacture
methamphetamine; incarceration does not necessarily terminate a
participant's liability for actions of a conspiracy, and the district court
did not err in finding defendant was responsible for pseudoephedrine
purchased while he was incarcerated.
096026P.pdf 02/09/2010 Kevin Asbury v. Alliant Bank
U.S. Court of Appeals Case No: 09-6026
U.S. Bankruptcy Court for the Western District of Missouri
[PUBLISHED] [Mahoney, Author, with Kressel, Chief Judge, and
Saladino, Bankruptcy Judge]
Bankruptcy Appellate Panel. Bankruptcy court did not err in refusing to
approve the debtor's waiver of discharge on the grounds debtor did not
clearly understand the legal consequences of a waiver and that a waiver
would prejudice the creditors. Chief Judge Kressel, dissenting.