OPINIONS ARE POSTED DAILY BETWEEN 10:00 and 11:00 a.m.

Current Opinions are for Monday, April 23, 2018 

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.

163764P.pdf     04/23/2018  United States  v.  Jonathon Lee Kinney
   U.S. Court of Appeals Case No:  16-3764
   U.S. District Court for the District of North Dakota - Fargo   
   [PUBLISHED] [Shepherd, Author, with Wollman and Beam, Circuit Judges] 
   Criminal case - Sentencing. Defendant's North Dakota convictions for 
   accomplice to burglary in violation of N.D. Cent. Code Section 12.1-22-02 
   (1999) did not qualify as predicate felonies for purposes of sentencing 
   under the Armed Career Criminal Act, and defendant's sentence is vacated 
   and the matter is remanded for resentencing. 
  
171297U.pdf     04/23/2018  Pizza Pro Equipment, etc.  v.  CIR
   U.S. Court of Appeals Case No:  17-1297
   The United States Tax Court   
   [UNPUBLISHED] [Per Curiam - Before Gruender, Melloy and Shepherd, Circuit 
   Judges] 
   Civil case - Tax Court. Tax Court decision uphold determinations by the 
   Commissioner that taxpayer owes excise taxes and additions to tax related 
   to its defined benefit pension plan affirmed. 
  
171637U.pdf     04/23/2018  United States  v.  DeMarko Collins
   U.S. Court of Appeals Case No:  17-1637
   U.S. District Court for the Western District of Missouri - Kansas City   
   [UNPUBLISHED] [Per Curiam - Before Wollman, Shepherd and Erickson, Circuit 
   Judges] 
   Criminal case - Sentencing. Defendant's Missouri conviction for 
   second-degree robbery in violation of Mo. Rev. Stat. Section 569.030.1 
   (1979) was a crime of violence under Guidelines Sec. 2K2.1(a)(2), and the 
   district court did not err in imposing a four-level sentencing enhancement 
   based on the conviction; nor did the district court err in imposing a 
   three-level enhancement for multiple prior sentences under Guidelines Sec. 
   4A1.2(a)(1), as there was an intervening arrest between the two incidents 
   defendant claimed should have been counted as one, rather than two, 
   offenses. 
  
172045U.pdf     04/23/2018  Derrick Booth  v.  P. Smith
   U.S. Court of Appeals Case No:  17-2045
   U.S. District Court for the Eastern District of Arkansas - Pine Bluff   
   [UNPUBLISHED] [Per Curiam - Before Gruender, Benton and Stras, Circuit 
   Judges] 
   Civil case - Civil rights. Dismissal of Section 1983 claim for failure to 
   state a claim affirmed without comment. 
  
172226U.pdf     04/23/2018  United States  v.  Leo Yeager
   U.S. Court of Appeals Case No:  17-2226
   U.S. District Court for the Northern District of Iowa - Ft. Dodge   
   [UNPUBLISHED] [Per Curiam - Before Wollman, Loken and Murphy, Circuit 
   Judges] 
   Criminal case - Criminal law. Defendant's girlfriend voluntarily consented 
   to a search of the premises in question. 
  
172893U.pdf     04/23/2018  United States  v.  Montarris Raiford
   U.S. Court of Appeals Case No:  17-2893
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [UNPUBLISHED] [Per Curiam - Before Gruender, Benton and Stras, Circuit 
   Judges] 
   Criminal case - Criminal law. Anders case. Defendant signed a valid, 
   applicable and enforceable appeal waiver as part of his guilty plea 
   agreement, and the appeal is dismissed.