as a courtesy to the reader. They are not part of the opinion of the court.
121146P.pdf 02/19/2013 United States v. Kim Rolene Hutterer U.S. Court of Appeals Case No: 12-1146 U.S. District Court for the District of Minnesota - St. Paul [PUBLISHED] [Smith, Author, with Loken and Benton, Circuit Judges]
Criminal case - Sentencing. No error in imposing enhancements under Guidelines Sec. 3C1.1 for obstruction of justice and Guidelines Sec. 3A1.2(a) for "official victim;" no error in denying an acceptance-of- responsibility reduction; sentence was not substantively unreasonable. 121933P.pdf 02/19/2013 Clint Small v. James McCrystal U.S. Court of Appeals Case No: 12-1933 U.S. District Court for the Northern District of Iowa - Sioux City [PUBLISHED] [Benton, Author, with Murphy and Shepherd, Circuit Judges]
Civil case - civil rights. District court did not err in denying defendants' motions for summary judgment based on qualified immunity on plaintiff Small's claims arising out of his arrest as the defendant police officer could not reasonably belief that he had probable cause to arrest Small or that the force he used was objectively reasonable; nor were the defendant deputies entitled to summary judgment based on qualified immunity for the arrest of the remaining"warrant plaintiffs;" deputies were not entitled to qualified immunity on plaintiffs' claim of retaliatory inducement to prosecution; viewing the facts most favorably to plaintiffs, the deputies arrested the warrant plaintiffs without probable cause in retaliation for protected speech, conspired to fabricate reports and took overt steps to further the conspiracy; defendants' appeal of the court's order on state law claims is dismissed for lack of jurisdiction. 122598P.pdf 02/19/2013 United States v. Tommy Kuehl U.S. Court of Appeals Case No: 12-2598 U.S. District Court for the Northern District of Iowa - Ft. Dodge [PUBLISHED] [Bright, Author, with Loken and Colloton, Circuit Judges]
Criminal case - - Criminal law. SORNA provides the Attorney General with an intelligible principle and defined, narrow boundaries, and is a valid delegation of legislative authority. 123277U.pdf 02/19/2013 Kelvin Settle v. United States U.S. Court of Appeals Case No: 12-3277 U.S. District Court for the Eastern District of Missouri - St. Louis [UNPUBLISHED] [Per Curiam - Before Murphy, Smith and Colloton, Circuit Judges]
Criminal case - Forfeiture. Dismissal of motion for return of property and motion for sanctions affirmed without comment.