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

Current Opinions are for Tuesday, May 23, 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.

153676P.pdf     05/23/2017  Linda Jenkins  v.  Frederick Tucker
   U.S. Court of Appeals Case No:  15-3676
   U.S. District Court for the Eastern District of Missouri - Hannibal   
   [PUBLISHED] [Murphy, Author, with Wollman and Colloton, Circuit Judges] 
   Civil Case - retaliation. In civil rights action asserting retaliation by 
   circuit judge for supporting a different candidate in election for 
   presiding circuit judge, the district court's denial of summary judgment 
   on the basis of qualified immunity is affirmed. Because there is a factual 
   dispute as to whether plaintiff has demonstrated she suffered an adverse 
   employment action, plaintiff provided evidence from which a reasonable 
   fact finder could infer a causal connection to her protected conduct and 
   involvement by the circuit judge, and the First Amendment right at issue 
   is clearly established, the district court did not err in denying 
   qualified immunity. 
  
163323U.pdf     05/23/2017  United States  v.  Jose Medina De La Cruz
   U.S. Court of Appeals Case No:  16-3323
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [UNPUBLISHED] [Per Curiam. Before Colloton, Beam, and Benton, Circuit 
   Judges] 
   Criminal Case - sentencing. The district court did not abuse its 
   discretion in granting a greater downward variance. The district court 
   carefully weighed the evidence presented; that the district court declined 
   to vary further does not indicate it did not adequately account for 
   defendant's motivations. The imposed sentenced was substantively 
   reasonable. 
  
163799U.pdf     05/23/2017  United States  v.  Robert Hill, Jr.
   U.S. Court of Appeals Case No:  16-3799
   U.S. District Court for the Western District of Missouri - Kansas City   
   [UNPUBLISHED] [Per Curiam. Before Wollman, Bowman, and Riley, Circuit 
   Judges] 
   Criminal Case - Anders. As to challenges to the reasonableness of the 
   sentence, the appeal waiver is enforced. Ineffective assistance of counsel 
   claims will not be considered on direct appeal. The record does not 
   support evidence of prosecutorial misconduct. The judgment is affirmed.