OPINIONS ARE POSTED DAILY BETWEEN 10:00 and 11:00 a.m.
Today is: [ Tuesday February 09, 2010 ]
The most recent opinions are for: [ 02/09/2010 ] 
DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
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.
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.