as a courtesy to the reader. They are not part of the opinion of the court.
111875P.pdf 03/01/2013 Carlos Manuel Calles Quinteros v. Eric H. Holder, Jr. U.S. Court of Appeals Case No: 11-1875 and No: 11-3425 Petition for Review of an Order of the Board of Immigration Appeals [PUBLISHED] [Smith, Author, with Loken and Beam, Circuit Judges]
Petition for Review - Immigration. Petitioner failed to show a well- founded fear of future persecution and the BIA's decision denying asylum, withholding of removal and CAT relief is affirmed. 112054P.pdf 03/01/2013 Neal Roberts v. United States U.S. Court of Appeals Case No: 11-2054 U.S. District Court for the Eastern District of Arkansas - Little Rock [PUBLISHED] [Bye, Author, with Smith and Colloton, Circuit Judges]
Civil case - False Claims Act. The district court did not err in finding relators were entitled to a portion of the government's recovery under the False Claims Act, as the defective pricing claim the government brought was related to relators' suit; the court rejects the idea that Rule 9(b)'s heightened pleading requirement plays a part in determining whether a relator is entitled to share in settlement proceeds resulting from a qui tam action in which the government elects to intervene. Judge Colloton, dissenting. 122184U.pdf 03/01/2013 Richard Johnson v. Tyson Foods U.S. Court of Appeals Case No: 12-2184 U.S. District Court for the Western District of Arkansas - Fayetteville [UNPUBLISHED] [Per Curiam - Before Bye, Arnold and Shepherd, Circuit Judges]
Civil case - Employment Discrimination. District court did not err in finding plaintiff failed to plead sufficient facts to state an ADA claim. 122301U.pdf 03/01/2013 Ndidi Udogwu v. Eric H. Holder, Jr. U.S. Court of Appeals Case No: 12-2301 Petition for Review of an Order of the Board of Immigration Appeals [UNPUBLISHED] [Per Curiam - Before Murphy, Smith and Colloton, Circuit Judges]
Petition for Review - Immigration. Court lacks jurisdiction to review the BIA's determinations regarding the timeliness of petitioner's asylum application; substantial evidence supported the decision to deny withholding of removal. 122625P.pdf 03/01/2013 United States v. Jerilee Head U.S. Court of Appeals Case No: 12-2625 U.S. District Court for the District of Minnesota - St. Paul
[PUBLISHED] [Loken, Author, with Bright and Colloton, Circuit Judges] Criminal Case - Criminal Law. Defendant's conviction for being an accessory after the fact is reversed and the case is remanded with directions to enter a judgment of acquittal; the district court's instruction on the elements of the offense violated defendant's Sixth Amendment right to a trial by jury by directing the jury that Clark, the person she was accused of assisting, had committed an offense against the United States; the district court also violated defendant's Sixth Amendment Confrontation Clause rights when it admitted the minute entry of Clark's guilty plea as conclusive proof that Clark had committed the offense against the United States, because a person charged with being an accessory after the fact is entitled to be confronted with the witnesses, and the principal crime cannot be proven by the introduction of the judgment of conviction; it was reversible error to deprive defendant of any opportunity to prove Clark did not commit the predicate offense because he acted in self-defense; it was also error to exclude proffered evidence tending to prove defendant knew Clark acted in self-defense; by successfully blocking evidence of what defendant knew on the date she allegedly assisted Clark in evading apprehension, the government failed to prove the second element of an accessory-after-the-fact offense (that on that date, defendant had actual knowledge that Clark discharged a firearm during the commission of a crime of violence) and a judgment of acquittal is required. Judge Colloton, concurring in part and dissenting in part. 123027U.pdf 03/01/2013 Rhonda Golden v. Dollar General Corporation U.S. Court of Appeals Case No: 12-3027 U.S. District Court for the Western District of Missouri - Kansas City [UNPUBLISHED] [Per Curiam - Before Murphy, Smith and Colloton, Circuit Judges]
Civil case. Dismissal affirmed without comment.