for the Eighth Circuit

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.