as a courtesy to the reader. They are not part of the opinion of the court.
113260U.pdf 10/02/2012 United States v. Justin Ray U.S. Court of Appeals Case No: 11-3260 U.S. District Court for the Northern District of Iowa - Cedar Rapids [UNPUBLISHED] [Per Curiam. Before Melloy, Beam, and Benton, Circuit Judges]
Criminal Case - sentence. Ray does not object to enhancement for obstructing justice but appeals the denial of an adjustment for acceptance of responsibility. Case is not extraordinary and district court did not clearly err in denying acceptance of responsibility adjustment. 113718P.pdf 10/02/2012 United States v. Joseph Joshua Jackson U.S. Court of Appeals Case No: 11-3718 U.S. District Court for the District of Minnesota - Minneapolis [PUBLISHED] [Loken, Author, with Beam, Circuit Judge, and Perry, District Judge]
Criminal Case - Indian Country. District court's determination as a matter of law that offense occurred on privately owned land but within Indian country was based on a record consisting of little more than the statute's text and was prejudicial error. Section 1 and Section 5 of the 1905 Act do not provide clear and plain evidence of congressional intent to diminish the Red Lake Reservation's boundaries by the grant of Reservation acreage to expand the railroad's terminal facilities, but the district court did not consider whether diminishment extended to land beyond the minimum needed for a railroad's right of way. Thus the district court erred in precluding Jackson's Indian country defense and he should be granted an opportunity to withdraw his guilty plea consistent with his conditional plea agreement. 121270U.pdf 10/02/2012 United States v. Joshua Lowe U.S. Court of Appeals Case No: 12-1270 U.S. District Court for the Western District of Arkansas - El Dorado [UNPUBLISHED] [Per Curiam. Before Wollman, Loken, and Murphy, Circuit Judges]
Criminal Case - appeal waiver. Appeal waiver is enforced, as enforcement will not result in a miscarriage of justice, for an allegation that sentencing judge misapplied the guidelines and for sentence that was within the advisory guideline range. 121300P.pdf 10/02/2012 United States v. Jerry Franklin U.S. Court of Appeals Case No: 12-1300 U.S. District Court for the Eastern District of Missouri - St. Louis [PUBLISHED] [Chief Judge Riley, Author, with Smith, and Colloton, Circuit Judges]
Criminal Case - sentence. District court's sentence of 108 months above advisory guidelines under USSG sec 5K2.2 and 2A2.2 after Franklin drove a truck into the path of a parked police care while intoxicated on methamphetamine and severely injuring police officer was in the form of a variance and was not an abuse of discretion. Ample evidence suggests Franklin knowingly risked injuring officers and although district court did not refer to Franklin's state of mind and whether he intended the injury, the court did not plainly err in explaining the reasons for the variance or departure. Sentence was not substantively unreasonable.