as a courtesy to the reader. They are not part of the opinion of the court.
113611P.pdf 02/14/2013 BancorpSouth Bank v. Hazelwood Logistics Center U.S. Court of Appeals Case No: 11-3611 and No: 11-3741 U.S. District Court for the Eastern District of Missouri - St. Louis [PUBLISHED] [Chief Judge Riley, Author, with Smith and Colloton, Circuit Judges]
Civil Case - diversity. District court had subject matter jurisdiction, as nondiverse banks were not necessary parties, were not named in the suit, and the named back was real party in interest. Forum selection clause was unambiguous and was permissive, not mandatory, and did not prohibit bank from bringing suit in federal court in Missouri. District court did not err in granting summary judgment to the bank on its breach of contract claim or breach of guaranty claim, rejecting Hazelwood's claim the doctrine of commercial frustration relieved it of its obligations. District court did not err in amending its judgment to include specific damage award, as motion to amend was filed within time limits under FRAP 4(a)(4)(A)(vi), (B)(1), and Hazelwood failed to factually contest the damages assessment in the district court. District court properly granted summary judgment to bank on MPT's tax refund claim, as bank had a perfected security interest in bank refund as a general intangible and had priority over any equitable lien. 113636P.pdf 02/14/2013 United States v. Douglas Hoffman U.S. Court of Appeals Case No: 11-3636 and No: 11-3778 U.S. District Court for the Northern District of Iowa, Waterloo [PUBLISHED] [Bye, Author, with Murphy and Shepherd, Circuit Judges]
Criminal Cases - conviction and sentence. Evidence was sufficient to sustain conviction of Lopez-Soto of conspiring to distribute methamphetamine; objections to government's use of indicted drug dealers to support it case is a challenge to credibility determination and virtually unreviewable on appeal; conspiracy to commit laundering also supported by sufficient evidence. District court did not plainly err in adjusting Lopez-Soto's sentence by three levels for her management role in the conspiracy, or err in grouping the two counts pursuant to Guideline section 3D1.2(c) because laundered money derived from unlawful methamphetamine distribution conspiracy. District court did not abuse its discretion in sentencing Lopez-Soto to life imprisonment. District court did not plainly err in denying Hoffman right to allocute about probation officer's report, as court gave Hoffman an opportunity to speak prior to imposition of sentence; court had wide discretion to consider contents of report in sentence determination. 121405U.pdf 02/14/2013 Allen Bradley v. Little Rock Wastewater Utility U.S. Court of Appeals Case No: 12-1405 U.S. District Court for the Eastern District of Arkansas - Little Rock [UNPUBLISHED] [Per Curiam. Before Chief Judge Riley, Wollman, and Gruender, Circuit Judges]
Civil Case - Family and Medical Leave Act. Record supports employer's assertion that it terminated Bradley's employment for legitimate reasons unrelated to exercise of FMLA rights. Even assuming failure to accommodate claim is cognizable under Title II of Americans with Disabilities Act, the claim fails because there was no evidence that Bradley requested workplace accommodation. Grant of summary judgment to employer and supervisor is affirmed. 121430P.pdf 02/14/2013 United States v. Michael Wells U.S. Court of Appeals Case No: 12-1430 U.S. District Court for the Eastern District of Missouri - Cape Girardeau [PUBLISHED] [Wollman, Author, with Chief Judge Riley, and Melloy, Circuit Judges]
Criminal Case - conviction and sentence. District court did not abuse its discretion in admitting pseudoephedrine logs, as they constitute non-testimonial business records or in admitting special agent's testimony that purchase patterns of pseudoephedrine were consistent with manufacturing methamphetamine. Evidence was sufficient to convict of conspiracy to manufacture and to establish conspiracy involved at least 50 grams of methamphetamine. Proof of possession of pseudoephedrine, a listed chemical, was sufficient support convictions for possession with intent to distribute. District court did not err in imposing leadership role enhancement and enhancement for creating a substantial risk of harm to human life. 121568P.pdf 02/14/2013 United States v. Fraenchot Banks U.S. Court of Appeals Case No: 12-1568 U.S. District Court for the District of North Dakota - Fargo [PUBLISHED] [Beam, Author, with Chief Judge Riley and Colloton, Circuit Judges]
Criminal Case - conviction. District court did not err in dismissing case for improper venue because a reasonable jury could conclude an overt act in furtherance of the conspiracy took place in North Dakota and it is immaterial that Banks was not present in North Dakota. District court did not err in denying motion to dismiss indictment, as evidence was presented that he was a member of the conspiracy before the reversal sale. Evidence was sufficient to support jury finding that he knew of conspiracy and intended to join it and thus district court properly denied motion for judgment of acquittal. Admission of prior conviction was not an abuse of discretion to show knowledge of the existence of the conspiracy and intention to join it and district court did not err in reassessing its initial decision to exclude the evidence. District court did not plainly err in instructing jury regarding drug quantity. 122150U.pdf 02/14/2013 United States v. Jerry Troupe, Jr. U.S. Court of Appeals Case No: 12-2150 U.S. District Court for the Western District of Missouri - Springfield [UNPUBLISHED] [Per Curiam - Before Murphy, Smith, and Colloton, Circuit Judges]
Criminal Case - Anders. Defendant's pro se ineffective-assistance claim is not barred by appeal waiver, but will not be addressed on direct appeal. Counsel's arguments are barred by appeal waiver. 122612U.pdf 02/14/2013 United States v. Michael Holiway U.S. Court of Appeals Case No: 12-2612 U.S. District Court for the Western District of Missouri - Kansas City [UNPUBLISHED] [Per Curiam - Before Murphy, Smith, and Colloton, Circuit Judges]
Criminal Case - Anders. Sentence within the guidelines was not greater than necessary to meet the statutory goals of sentencing. 123117U.pdf 02/14/2013 Michael Sims v. Gary Randall U.S. Court of Appeals Case No: 12-3117 U.S. District Court for the District of Nebraska - Lincoln [UNPUBLISHED] [Per Curiam. Before Murphy, Smith, and Colloton, Circuit Judges]
Civil Case - civil rights. Dismissal of civil rights action and denial of motion for reconsideration are affirmed without comment.