Opinions posted daily on the Court's Web site. http://www.ca8.uscourts.gov/opns/opFrame.html en-us http://www.ca8.uscourts.gov/cgi-bin/new/opnByDate.pl?filedDate=02/01/2010 2010-02-01 10:00:23 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.

082340U.pdf    02/01/2010   United States   v.   Keith E. Hawkman
U.S. Court of Appeals Case No: 08-2340
U.S. District Court for the District of South Dakota
[UNPUBLISHED] [Per Curiam - Before Wollman, Riley and Smith, Circuit Judges]
Criminal case - Sentencing. Anders case. Sentence was not unreasonable.

083697U.pdf    02/01/2010   Janice Norwood   v.   John Potter
U.S. Court of Appeals Case No: 08-3697
U.S. District Court for the Western District of Missouri - Kansas City
[UNPUBLISHED] [Per Curiam - Before Melloy, Bowman and Smith, Circuit Judges]
Civil case - employment discrimination. District court did not err in granting the Postmaster General's motion for summary judgment on plaintiff's disability discrimination claim.

083725P.pdf    02/01/2010   Simon Tebyasa   v.   Eric H. Holder, Jr.
U.S. Court of Appeals Case No: 08-3725
Board of Immigration Appeals
[PUBLISHED] [Loken, Author, with Arnold and Benton, Circuit Judges]
Petition for Review - Immigration. BIA's decision denying petitioner's request for asylum was supported by substantial evidence as petitioner's treatment, while troubling, fell short of establishing past persecution; BIA's credibility determinations were supported by specific, cogent reasons for disbelieving petitioner's testimony.

091505U.pdf    02/01/2010   United States   v.   Arnulfo Betancort-Salazar
U.S. Court of Appeals Case No: 09-1505
U.S. District Court for the Western District of Arkansas - Ft. Smith
[UNPUBLISHED] [Per Curiam - Before Wollman, Colloton and Gruender, Circuit Judges]
Criminal case - Criminal law and Sentencing. Anders case. District court did not abuse its discretion by admitting portions of an audio tape of a controlled buy; evidence was sufficient to support defendant's conspiracy and drug convictions; no error in imposing an enhancement for supervisory role in the offense; no error in admitting evidence that other drugs were found in defendant's residence.

091766P.pdf    02/01/2010   United States   v.   Hollis Fincher
U.S. Court of Appeals Case No: 09-1766
U.S. District Court for the Western District of Arkansas - Fayetteville
[PUBLISHED] [Wollman, Author, with Riley and Melloy, Circuit Judges]
Criminal case - criminal law. District court did not err in requiring defendant to reimburse the United States for legal services provided under the Criminal Justice Act when the court found defendant had substantial assets, including non-homestead property, firearms, machinery and tools, that could have been used to pay for his defense.

091789P.pdf    02/01/2010   United States   v.   Michael Craddock
U.S. Court of Appeals Case No: 09-1789
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Per Curiam - Before Gruender and Shepherd, Circuit Judges, and Jarvey, District Judge]
Criminal case - Sentencing. The question of what constitutes a prior conviction for purposes of 21 U.S.C. Sec 842(b)(1)(A) is a matter of federal law, and defendant's Missouri suspended imposition of sentence qualified as a prior conviction for purposes of sentencing under the section.

092113U.pdf    02/01/2010   United States   v.   Deven Race
U.S. Court of Appeals Case No: 09-2113
U.S. District Court for the Western District of Missouri - Kansas City

[UNPUBLISHED] [Per Curiam - Before Gruender and Shepherd, Circuit Judges, and Jarvey, District Judge] Criminal case - criminal law and sentencing. Evidence was sufficient to support defendant's firearm conviction; no error in imposing and enhancement under Guidelines Sec. 2K2.1(b)(6) for possession of the firearm in connection with a carjacking.

096023P.pdf    02/01/2010   Larry Treadwell   v.   Glenstone Lodge, Inc.
U.S. Court of Appeals Case No: 09-6023
U.S. Bankruptcy Court for the Western District of Missouri
[PUBLISHED] [Kressel, Author, with Mahoney and Saladino, Bankruptcy Judges]
Bankruptcy Appellate Panel. The bankruptcy court erred in determining Glenstone had not justifiably relied on debtor Carole Treadwell's misrepresentations, and it was entitled to have her debt to it excepted from discharge, with respect to debtor Larry Treadwell, the bankruptcy court did not err in finding his debt was dischargeable as there was no evidence he was a partner in Carole's travel business or that he knew that she was perpetrating a fraud on Glenstone in connection with her travel agency's hosting of an event at Glenstone; bankruptcy court's avoidance of a lien on the debtors' property is affirmed.

All Opinions Search Options ]]> http://www.ca8.uscourts.gov/cgi-bin/new/opnByDate.pl?filedDate=02/01/2010 http://www.ca8.uscourts.gov/cgi-bin/new/opnByDate.pl?filedDate=02/02/2010 2010-02-02 10:00:16 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.

083958U.pdf    02/02/2010   Ollie Hollman   v.   Thomas Nellums, Sr.
U.S. Court of Appeals Case No: 08-3958
U.S. District Court for the Eastern District of Missouri - St. Louis
[UNPUBLISHED] [Per Curiam - Before Melloy, Bowman and Smith, Circuit Judges]
Civil case - employment discrimination. Defendant's summary judgment affirmed without comment.

091560U.pdf    02/02/2010   Neldon Neal   v.   Jeremiah Nixon
U.S. Court of Appeals Case No: 09-1560
U.S. District Court for the Western District of Missouri - Jefferson City
[UNPUBLISHED] [Per Curiam - Before Bye, Riley and Shepherd, Circuit Judges]
Prisoner case - prisoner civil rights. Denial of Rule 60(b) motion affirmed as plaintiff did not establish excusable neglect for his failure to litigate his case.

091989P.pdf    02/02/2010   Ronald Clark   v.   Quorum Health Resources
U.S. Court of Appeals Case No: 09-1989
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Per Curiam - Before Gruender and Shepherd, Circuit Judges, and Jarvey, District Judge]
Civil case - civil procedure. District court erred in certifying the case for appeal under Rule 54(b), and the appeal is dismissed for lack of jurisdiction.

All Opinions Search Options ]]> http://www.ca8.uscourts.gov/cgi-bin/new/opnByDate.pl?filedDate=02/02/2010 http://www.ca8.uscourts.gov/cgi-bin/new/opnByDate.pl?filedDate=02/03/2010 2010-02-03 10:00:22 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.

083772U.pdf    02/03/2010   United States   v.   Ronald Shufelt
U.S. Court of Appeals Case No: 08-3772
U.S. District Court for the Western District of Missouri - Kansas City
[UNPUBLISHED] [Per Curiam - Before Wollman, Colloton and Gruender, Circuit Judges]
Criminal case - criminal law and sentencing. Anders case. Evidence was sufficient to support firearm conviction; any error in admitting audiotape of police chase was harmless; no plain error in court's failure to sua sponte declare a mistrial based on prosecutor's closing argument; sentence was not unreasonable.

091313U.pdf    02/03/2010   United States   v.   Israel John Patrick Davis
U.S. Court of Appeals Case No: 09-1313
District of North Dakota - Fargo
[UNPUBLISHED] [Per Curiam - Before Melloy, Bowman and Smith, Circuit Judges]
Criminal case - Sentencing. Anders case. Defendant executed a knowing and voluntary waiver of his appeal rights, and the appeal is dismissed.

091541U.pdf    02/03/2010   Bola Ajiwoju   v.   University of Missouri
U.S. Court of Appeals Case No: 09-1541
U.S. District Court for the Western District of Missouri - Kansas City
[UNPUBLISHED] [Per Curiam - Before Wollman, Colloton and Gruender, Circuit Judges]
Civil case. Defendant's summary judgment in this discrimination case is affirmed without comment.

091593U.pdf    02/03/2010   United States   v.   James Civey, Sr.
U.S. Court of Appeals Case No: 09-1593
U.S. District Court for the Eastern District of Missouri - St. Louis
[UNPUBLISHED] [Per Curiam - Before Wollman, Riley and Melloy, Circuit Judges]
Criminal case - Sentencing. No error in imposing an enhancement under Guidelines Sec. 4B1.5(b)(1).

091607U.pdf    02/03/2010   John Zapata   v.   Sircal-Kozeny-Wagner
U.S. Court of Appeals Case No: 09-1607
U.S. District Court for the Western District of Missouri - Jefferson City
[UNPUBLISHED] [Per Curiam - Before Wollman, Colloton and Gruender, Circuit Judges]
Civil case. Defendant's summary judgment affirmed without comment.

091801U.pdf    02/03/2010   Daniel Coyle, Sr.   v.   Aquila, Inc.
U.S. Court of Appeals Case No: 09-1801
U.S. District Court for the Western District of Missouri - Kansas City
[UNPUBLISHED] [Per Curiam - Before Melloy, Bowman and Smith, Circuit Judges]
Civil case - employment discrimination. Defendant's summary judgment affirmed without comment.

091911U.pdf    02/03/2010   Levoria Jefferson   v.   Aldolphus Hicks
U.S. Court of Appeals Case No: 09-1911
U.S. District Court for the Eastern District of Arkansas - Helena
[UNPUBLISHED] [Per Curiam - Before Gruender and Shepherd, Circuit Judges, and Jarvey, District Judge]
Civil case. District court did not abuse its discretion by denying defendant's motion to set aside a default judgment as defendant Hicks failed to establish excusable neglect for his failure to respond to the suit.

092379U.pdf    02/03/2010   Charles Ashford   v.   Ray Hobbs
U.S. Court of Appeals Case No: 09-2379
U.S. District Court for the Eastern District of Arkansas - Pine Bluff
[UNPUBLISHED] [Per Curiam - Before Wollman, Colloton and Gruender, Circuit Judges]
Prisoner case - prisoner civil rights. Dismissal affirmed without comment.

092476U.pdf    02/03/2010   United States   v.   Marcus Mister
U.S. Court of Appeals Case No: 09-2476
U.S. District Court for the Eastern District of Missouri - Cape Girardeau
[UNPUBLISHED] [Per Curiam - Before Bye, Riley and Shepherd, Circuit Judges]
Criminal case - Sentencing. Anders case. Sentence was properly calculated and was not unreasonable.

093468U.pdf    02/03/2010   Jack Sisemore   v.   T. C. Outlaw
U.S. Court of Appeals Case No: 09-3468
U.S. District Court for the Eastern District of Arkansas - Helena
[UNPUBLISHED] [Per Curiam - Before Wollman, Colloton and Gruender, Circuit Judges]
Prisoner case- habeas. Dismissal of Section 2241 affirmed without comment.

All Opinions Search Options ]]> http://www.ca8.uscourts.gov/cgi-bin/new/opnByDate.pl?filedDate=02/03/2010 http://www.ca8.uscourts.gov/cgi-bin/new/opnByDate.pl?filedDate=02/04/2010 2010-02-04 10:00:23 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.

073835U.pdf    02/04/2010   Grady Newingham   v.   Benny Magness
U.S. Court of Appeals Case No: 07-3835
                                              and No: 08-2105
U.S. District Court for the Eastern District of Arkansas - Pine Bluff
[UNPUBLISHED] [Per Curiam. Before Bye, Bowman, and Benton, Circuit Judges]
Civil Case - civil rights and RLUIPA. Grant of summary judgment of First Amendment, equal protection, and claims under the Religious Land Use and Institutionalized Person Act is affirmed in part and reversed as to the claim for injunctive relief for use of a prayer rug. Dismissal of unexhausted claims are without prejudice.

082282U.pdf    02/04/2010   United States   v.   Billy Davis
U.S. Court of Appeals Case No: 08-2282
District of Nebraska - Omaha
[UNPUBLISHED] [Per Curiam. Before Bye, Riley, and Shepherd, Circuit Judges]
Criminal Case - sentence. District court did not err in reducing sentence to bottom of amended crack cocaine guideline range under Starks .

083480U.pdf    02/04/2010   Ronnie Blade   v.   United States
U.S. Court of Appeals Case No: 08-3480
U.S. District Court for the Western District of Missouri - Kansas City
[UNPUBLISHED] [Per Curiam. Before Bye, Riley, and Shepherd, Circuit Judges]
Criminal Case - return of property. District court's denial of Rule 41(g) motion for return of property is summarily affirmed. Denial of motion for appointment of counsel was not an abuse of discretion.

091410U.pdf    02/04/2010   Lindsey Springer   v.   Springfield Business Journal
U.S. Court of Appeals Case No: 09-1410
U.S. District Court for the Western District of Missouri - Springfield
[UNPUBLISHED] [Per Curiam. Before Bye, Riley, and Shepherd, Circuit Judges]
Civil Case - defamation. Adverse judgment in diversity action alleging defamation is summarily affirmed.

091471U.pdf    02/04/2010   United States   v.   Sammy Inarrito
U.S. Court of Appeals Case No: 09-1471
U.S. District Court for the Southern District of Iowa - Davenport
[UNPUBLISHED] [Per Curiam. Before Murphy, Colloton, and Shepherd, Circuit Judges]
Criminal Case - Anders. Defendant knowingly and voluntarily entered into plea agreement with appeal waiver. Challenge to district court's determination of drug quantity and relevant conduct fall within scope of appeal waiver and enforcing waiver will not result in miscarriage of justice.

091597U.pdf    02/04/2010   United States   v.   Mark Roe
U.S. Court of Appeals Case No: 09-1597
U.S. District Court for the Eastern District of Missouri - St. Louis
[UNPUBLISHED] [Per Curiam. Before Bye, Riley, and Shepherd, Circuit Judges]
Criminal Case - Anders. Plea agreement containing appeal waiver is enforced. Arguments on appeal fall within scope of appeal waiver and no miscarriage of justice will result from enforcing waiver.

091680U.pdf    02/04/2010   United States   v.   Robert Davisson
U.S. Court of Appeals Case No: 09-1680
U.S. District Court for the Southern District of Iowa - Davenport
[UNPUBLISHED] [Per Curiam. Before Bye, Riley, and Shepherd, Circuit Judges]
Criminal Case - Anders. Claim of ineffective assistance in allowing defendant to plead guilty without preserving suppression issue is best litigated in 28 U.S.C. sec. 2255 proceedings and will not be addressed in direct appeal.

091710U.pdf    02/04/2010   Robert Kern   v.   Scott Francik
U.S. Court of Appeals Case No: 09-1710
U.S. District Court for the Southern District of Iowa - Des Moines
[UNPUBLISHED] [Per Curiam. Before Bye, Riley, and Shepherd, Circuit Judges]
Prisoner Case - civil rights. Record did not support a claim for retaliatory transfer and district court's grant of summary judgment is affirmed. No merit to claim of ineffective assistance of counsel.

091712U.pdf    02/04/2010   United States   v.   Theresa Flieger
U.S. Court of Appeals Case No: 09-1712
U.S. District Court for the Eastern District of Missouri - St. Louis
[UNPUBLISHED] [Per Curiam. Before Bye, Riley, and Shepherd, Circuit Judges]
Criminal Case - Anders. Sufficient evidence supported jury verdict finding defendant guilty of possessing pseudoephedrine, knowing it would be used to manufacture methamphetamine. District court did not clearly err in finding defendant gave intentionally false testimony at trial and thus did not err in applying obstruction of justice enhancement.

091874U.pdf    02/04/2010   Darnell Forest   v.   Barnes Jewish Hospital
U.S. Court of Appeals Case No: 09-1874
U.S. District Court for the Eastern District of Missouri - St. Louis
[UNPUBLISHED] [Per Curiam. Before Bye, Riley, and Shepherd, Circuit Judges]
Civil Case - employment discrimination. Adverse grant of summary judgment is summarily affirmed.

092079U.pdf    02/04/2010   Edward Ronwin   v.   Ameren
U.S. Court of Appeals Case No: 09-2079
U.S. District Court for the Eastern District of Missouri - St. Louis
[UNPUBLISHED] [Per Curiam. Before Bye, Riley, and Shepherd, Circuit Judges]
Civil Case - summary judgment. Grant of adverse judgment on claims challenging exercise of authority relating to boat dock permits is summarily affirmed.

All Opinions Search Options ]]> http://www.ca8.uscourts.gov/cgi-bin/new/opnByDate.pl?filedDate=02/04/2010 http://www.ca8.uscourts.gov/cgi-bin/new/opnByDate.pl?filedDate=02/05/2010 2010-02-05 10:00:24 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.

071306U.pdf    02/05/2010   United States   v.   Robert Wilson, Jr.
U.S. Court of Appeals Case No: 07-1306
U. S. District Court for the Northern District of Iowa - Dubuque
[UNPUBLISHED] Per Curiam. Before Melloy, Beam, and Shepherd, Circuit Judges]
Criminal Case - sentence. Upon remand to reconsider sentence, the district court resentenced defendant to 444 months. District court properly calculated the advisory guidelines range and the within range sentence was reasonable. The district court did not abuse its discretion.

083400U.pdf    02/05/2010   United States   v.   Andre Jefferson
U.S. Court of Appeals Case No: 08-3400
U.S. District Court for the Eastern District of Arkansas - Little Rock
[UNPUBLISHED] [Per Curiam. Before Murphy, Colloton, and Shepherd, Circuit Judges]
Criminal Case - Anders. Evidence was sufficient to find defendant guilty of 21 U.S.C. sec. 860. Because conviction of 21 U.S.C. sec. 841(a)(1) is lesser included offense of section 860, conviction of both offenses violates the Double Jeopardy Clause and case is remanded to vacate conviction and sentence for lesser offense. Sufficient evidence supported conviction of firearm offenses.

083511U.pdf    02/05/2010   Jon Mills   v.   David White
U.S. Court of Appeals Case No: 08-3511
U.S. District Court for the Eastern District of Arkansas - Pine Bluff
[UNPUBLISHED] [Per Curiam. Before Bye, Bowman, and Benton, Circuit Judges]
Prisoner Case - civil rights. Grant of summary judgment is affirmed as false disciplinary charge and medical treatment claims. District court erred in granting summary judgment on claim that he was subjected to strip search in the prison yard and case is remanded for further factual development as to the scope of the searches and how they were conducted. Dismissal of unexhausted claims are dismissed without prejudice.

083990U.pdf    02/05/2010   Quet Sledge   v.   Michael J. Astrue
U.S. Court of Appeals Case No: 08-3990
U.S. District Court for the Western District of Missouri - Kansas City
[UNPUBLISHED] [Per Curiam. Before Bye, Riley, and Shepherd, Circuit Judges]
Civil Case - social security. Denial of disability insurance benefits is affirmed. ALJ gave good reasons for discounting the low global- assessment-of-functioning ratings of mental health providers and residual functional capacity findings were supported by the substantial evidence on the record as a whole.

091037P.pdf    02/05/2010   United States   v.   Ramona Cunningham
U.S. Court of Appeals Case No: 09-1037
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Beam, Author, with Bye and Shepherd, Circuit Judges]
Criminal Case - sentence. Following guilty plea to fraud and misapplication of federal funds charges, district court's imposition of 84 month sentence, 24 months below the low end of the advisory guidelines range, is affirmed. District court's reliance of evidence in the record supported obstruction of justice enhancement. District court did not clearly err in granting role enhancement under section 3B1.1(a-c), or finding number of victims. District court did not abuse its discretion in not departing downward more and the sentence is not substantively unreasonable.

091201U.pdf    02/05/2010   United States   v.   Gabriel Martinez
U.S. Court of Appeals Case No: 09-1201
District of North Dakota - Fargo
[UNPUBLISHED] [Per Curiam. Before Bye, Riley, and Shepherd, Circuit Judges]
Criminal Case - Anders. District court did not commit procedural or substantive error in sentencing defendant to life imprisonment.

091388U.pdf    02/05/2010   United States   v.   Michael Alan Petzold
U.S. Court of Appeals Case No: 09-1388
District of North Dakota - Fargo
[UNPUBLISHED] [Per Curiam. Before Bye, Riley, and Shepherd, Circuit Judges]
Criminal Case - Anders. Defendant pleaded guilty pursuant to a written plea agreement containing an appeal waiver and waiver will be enforced. Claims on appeal fall within scope of appeal waiver.

091652P.pdf    02/05/2010   United States   v.   Michael Guiheen
U.S. Court of Appeals Case No: 09-1652
U.S. District Court for the Western District of Missouri - Springfield
[PUBLISHED] [Gruender, Author, with Melloy and Beam, Circuit Judges]
Criminal Case - sentence. District court did not clearly err in finding that defendant possessed a rifle in connection with another felony offense, unlawful use of a weapon, and that the enhancement under USSG sec. 2K2.1(b)(6) was appropriate.

091761U.pdf    02/05/2010   United States   v.   Adam Kaminski
U.S. Court of Appeals Case No: 09-1761
U.S. District Court for the Southern District of Iowa - Davenport
[UNPUBLISHED] [Per Curiam. Before Bye, Riley, and Shepherd, Circuit Judges]
Criminal Case - Anders. Challenges to application of 16-level enhancement for deportation following his felony conviction for robbery and sufficiency of evidence are within scope of appeal waiver. Waiver will be enforced as plea was knowing and voluntary, waiver covers arguments on appeal, and enforcement will not cause a miscarriage of justice.

092055U.pdf    02/05/2010   Jermaine Ford   v.   Dwight L. Fondren
U.S. Court of Appeals Case No: 09-2055
U.S. District Court for the District of Minnesota - Minneapolis
[UNPUBLISHED] [Per Curiam. Before Bye, Riley, and Shepherd, Circuit Judges]
Habeas Case - section 2241. District court's denial of petition for writ of habeas corpus is summarily affirmed.

092458U.pdf    02/05/2010   DeAndre Barnes   v.   Hennepin County
U.S. Court of Appeals Case No: 09-2458
U.S. District Court for the District of Minnesota - Minneapolis
[UNPUBLISHED] [Per Curiam. Before Bye, Riley, and Shepherd, Circuit Judges]
Prisoner Case - civil rights. District court did not err in dismissing complaint for failure to state a due process, First, Sixth, or Eighth Amendment claim, or abuse its discretion in denying appointment of counsel. Court lacks authority to refund filing fee.

All Opinions Search Options ]]> http://www.ca8.uscourts.gov/cgi-bin/new/opnByDate.pl?filedDate=02/05/2010 http://www.ca8.uscourts.gov/cgi-bin/new/opnByDate.pl?filedDate=02/08/2010 2010-02-08 10:00:20 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.

082978P.pdf    02/08/2010   Terrick Nooner   v.   Larry Norris
U.S. Court of Appeals Case No: 08-2978
U.S. District Court for the Eastern District of Arkansas - Pine Bluff
[PUBLISHED] [Gruender, Author, with Melloy and Benton, Circuit Judges]
Death Penalty - civil rights. In challenge to the Arkansas protocol for execution by lethal injection, district court did not abuse its discretion in finding the case ripe for summary judgment. Grant of summary judgment that legal injection protocol does not subject inmates to a substantial risk of serious harm is affirmed. Arkansas protocol contains sufficient safeguards to ensure inmate is fully unconscious before pancuronium bromide and potassium chloride are administered. and any risk that the procedure will not work as designated is merely a risk of accident. Newspaper article reporting that intracardiac infusion could be used if necessary is inadmissible hearsay. Protocol requires placement of central venous lines by qualified personnel. Authorization to use "cut-down" procedure does not raise risk of serious harm. IV team qualification requirements under Arkansas protocol are substantially similar to requirements of the Kentucky protocol upheld in Baze. Monitoring infusion site is required under the protocol. Contingency plan in directing use of secondary IV site did not subject inmate to substantial risk of serious harm. Photographs of execution chamber did not show facility subjected inmate to substantial risk. Thus, the protocol does not violate the Eighth Amendment.

083207P.pdf    02/08/2010   Luther Johnson   v.   Dean Minor
U.S. Court of Appeals Case No: 08-3207
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Jarvey, Author, with Gruender and Shepherd, Circuit Judges]
Prisoner case - habeas. Where the state trial court reasonably believed that the defendant planned to testify and that his testimony was necessary to lay the foundation for another witness's testimony, a ruling that the defendant must testify before the other witness does not constitute error under the relevant Supreme Court precedents.

083723P.pdf    02/08/2010   Elyese Anderson   v.   Michael Waddle
U.S. Court of Appeals Case No: 08-3723
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Riley, Author, with John R. Gibson and Murphy, Circuit Judges]
Civil case - civil rights. District court did not err in denying defendants' motion for summary judgment based on qualified immunity; claim that the district court did not examine each defendant's conduct individually is rejected; court lacked jurisdiction to review the defendants' arguments that plaintiffs adduced insufficient evidence to demonstrate that various defendants had conspired to harass and intimidate the academy; plaintiffs' evidence was sufficient to present a case that defendants violated their clearly established constitutional rights; because the court finds that the district court did not err in denying defendant's motion for summary judgment based on qualified immunity, the court would not consider whether the district court abused its broad discretion by declining to apply the doctrine of offensive collateral estoppel.

083802U.pdf    02/08/2010   United States   v.   Rolando Rodriguez-Valdovinos
U.S. Court of Appeals Case No: 08-3802
U.S. District Court for the Southern District of Iowa - Council Bluffs
[UNPUBLISHED] [Per Curiam - Before Loken, Chief Judge, and John R. Gibson and Gruender, Circuit Judges]
Criminal case - criminal law. District court does not have a duty to inquire at a plea colloquy what the defendant believes would be the sentencing consequences of proceeding to trial.

092217U.pdf    02/08/2010   Lance Wickner   v.   Mike Green
U.S. Court of Appeals Case No: 09-2217
U.S. District Court for the District of Minnesota - Minneapolis
[UNPUBLISHED] [Per Curiam - Before Melloy, Bowman and Smith, Circuit Judges]
Prisoner case - prisoner civil rights. Defendants' summary judgment affirmed without comment.

All Opinions Search Options ]]> http://www.ca8.uscourts.gov/cgi-bin/new/opnByDate.pl?filedDate=02/08/2010 http://www.ca8.uscourts.gov/cgi-bin/new/opnByDate.pl?filedDate=02/09/2010 2010-02-09 10:00:18 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.

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