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

Current Opinions are for Tuesday, March 28, 2017 

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.

153496P.pdf     03/28/2017  United States  v.  Krystal Wallace
   U.S. Court of Appeals Case No:  15-3496
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [PUBLISHED] [Smith, Author, with Wollman, Circuit Judge, and Wright, 
   District Judge] 
   Criminal case - Criminal law and sentencing. The evidence was sufficient 
   to support defendant's conviction for assaulting a VA police officer with 
   her car; no error in excluding a video of a statement defendant made to a 
   VA investigator shortly after the incident as it was cumulative to her own 
   testimony at trial; the district court did not err in determining the 
   degree of the officer's injury; no error in applying Guidelines Sec. 2A2.2 
   for aggravated assault rather than Guidelines Sec. 2A2.4 for obstructing 
   an officer; no error in applying a six-level official victim enhancement 
   under Sec. 3A1.2(c)(1), or a six-level enhancement under Guidelines Sec. 
   2A2.2(b)(3)(E); 48-month sentence imposed after a 140-month downward 
   variance was not substantively unreasonable. 
  
161643P.pdf     03/28/2017  Gary Thompson  v.  Andy Shock
   U.S. Court of Appeals Case No:  16-1643
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [PUBLISHED] [Smith, Author, with Wollman, Circuit Judge, and Wright, 
   District Judge] 
   Civil case - Civil rights. The district court applied the incorrect test 
   for determining that the defendant Sheriff was entitled to qualified 
   immunity in his individual capacity on plaintiff's claim he was improperly 
   discharged for supporting the Sheriff's opponent, and the claim is 
   remanded for further analysis of the claim under the Elrod-Branti line of 
   cases which apply when the constitutional right at issue involved 
   "joining, working for or contributing to the political party and 
   candidates of [the employee's choice]; the district court did not err in 
   granting the defendant Sheriff summary judgment on plaintiff's claims 
   against him in his official capacity because under Arkansas law and the 
   policies promoted by the County, the Sheriff did not act as the final 
   policymaker in the employment decisions of his department because the 
   decisions were subject to review by the quorum court. 
  
162047U.pdf     03/28/2017  United States  v.  Charles Naylor, II
   U.S. Court of Appeals Case No:  16-2047
   U.S. District Court for the Western District of Missouri - Kansas City   
   [UNPUBLISHED] [Per Curiam - Before Riley, Wollman and Kelly, Circuit 
   Judges] 
   Criminal case - Sentencing. Missouri's second-degree burglary statute is 
   divisible and the court will apply the modified categorical approach to 
   determine whether defendant's convictions pursuant to Mo. Rev. Stat. 
   Section 569.170(1) match the generic description of burglary; documents in 
   the case show his crimes involved burglary of buildings, and the 
   convictions did qualify as predicate felonies for purposes of Armed Career 
   Criminal Act sentencing. Judge Kelly, concurring. 
  
162672U.pdf     03/28/2017  United States  v.  Joshua Preston
   U.S. Court of Appeals Case No:  16-2672
   U.S. District Court for the Western District of Missouri - Kansas City   
   [UNPUBLISHED] [Per Curiam - Before Riley, Gruender and Kelly, Circuit 
   Judges] 
   Criminal case - Sentencing. In determining whether defendant's Texas 
   burglary convictions were predicate felonies for Armed Career Criminal Act 
   sentencing, the district court erred in looking beyond the fact of 
   conviction to the specific actions underlying the offenses (defendant 
   pleaded guilty to a lesser offense than was charged) and thereby exceeded 
   the scope of the modified categorical approach; remanded for resentencing; 
   on remand the district court should apply the modified categorical 
   approach to determine which alternative element of Texas Penal Code Ann. 
   Section 29.02 was the basis for the conviction and whether a conviction 
   under that alternative element constitutes a crime of violence under the 
   residual clause of Guidelines Sec. 4B1.2(a)(2). 
  
163866U.pdf     03/28/2017  Randal Mauderer  v.  Iowa Attorney General's Office
   U.S. Court of Appeals Case No:  16-3866
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [UNPUBLISHED] [Per Curiam - Before Wollman, Bowman and Loken, Circuit 
   Judge] 
   Prisoner case - Prisoner civil rights. Dismissal affirmed without comment.