for the Eighth Circuit

121198U.pdf   10/12/2012  Richard Wright  v.  Michael J. Astrue
   U.S. Court of Appeals Case No:  12-1198
   U.S. District Court for the Western District of Missouri - Kansas City   
   [UNPUBLISHED] [Per Curiam. Before Wollman, Beam, and Loken,
   Circuit Judges]
   Civil Case - social security. ALJ's failure to reference Wright's Global
   Assessment of Functioning scores do not require reversal of denial of
   benefits; ALJ did not err in relying on vocational expert's testimony as to
   claimant's ability to work as a lubrication technician as that job is
   performed in the national economy; and treating physician's mental
   residual functional capacity assessment was unsupported and contradicted
   by other medical evidence. Decision denying benefits is affirmed.
  
121227P.pdf   10/12/2012  United States  v.  Keith Overbey
   U.S. Court of Appeals Case No:  12-1227
   U.S. District Court for the Eastern District of Missouri - Cape Girardeau   
   [PUBLISHED] [Chief Judge Riley, Author, with Smith and Colloton,
   Circuit Judges]
   Criminal Case - sentence. District court's grant of upward variance to
   240 months is affirmed. District court did not plainly err in sentencing
   defendant, as it considered and discussed in detail the section 3553(a)
   factors. The sentence is not substantively unreasonable, as the district
   court did not clearly err in finding the Guidelines calculation understated
   defendant's criminal history and did not abuse its discretion in varying
   upward.
  
121316U.pdf   10/12/2012  United States  v.  Patrick Doyle
   U.S. Court of Appeals Case No:  12-1316
   U.S. District Court for the Western District of Arkansas - Harrison   
   [UNPUBLISHED] [Per Curiam. Before Gruender, Arnold, and
   Shepherd, Circuit Judges]
   Criminal Case - Sex Offenders Registration and Notification Act. Based
   on the Supreme Courts's decision in Reynolds v. United States, 132 S.
   Ct. 975. 978 (2012), Doyle's challenge to the indictment on the ground
   that Congress improperly delegated authority to the Attorney General to
   determine how SORNA would apply to those sex offenders convicted
   pre-SORNA is remanded for reconsideration by the district court. 
   Doyle's challenge the indictment based on the Commerce Clause and due
   process are foreclosed by this court's precedent.
  
121320U.pdf   10/12/2012  United States  v.  Denny Hardin
   U.S. Court of Appeals Case No:  12-1320
   U.S. District Court for the Western District of Missouri - Kansas City   
   [UNPUBLISHED] [Per Curiam. Before Loken, Bowman, and
   Colloton, Circuit Judges]
   Criminal Case - Anders. Evidence was sufficient for convictions for
   producing fictitious financial obligations, mail fraud affecting financial 
   institutions and mail fraud. District court committed no procedural error
   in varying downward to 120 months and the sentence is not unreasonable. 
   Arguments raised in appellant's pro se supplemental brief are meritless.
  
121337P.pdf   10/12/2012  United States  v.  Steven Cowan
   U.S. Court of Appeals Case No:  12-1337
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Gruender, Author, with Arnold and Shepherd, Circuit Judges]
   Criminal Case - sentence. Challenge, raised for the first time on appeal,
   that residual clause in Guidelines sec. 4B1.2 is unconstitutionally vague
   fails, as the residual clause is identical to the residual clause in the 
   Armed Career Criminal Act which the Supreme Court has concluded was not
   unconstitutionally vague.
  
121557U.pdf   10/12/2012  United States  v.  Lou Owens
   U.S. Court of Appeals Case No:  12-1557
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [UNPUBLISHED] [Per Curiam. Before Bye, Gruender, and Shepherd,
   Circuit Judges]
   Criminal Case - sentence. District court's calculation of criminal history
   category, by using 2002 rather than 2006 as the beginning point of the
   relevant conduct, even if error, was harmless error because defendant's
   criminal history category and sentencing guidelines range would be the
   same regardless of which time period the district court used. 
  
122049U.pdf   10/12/2012  United States  v.  Jimmy Ly
   U.S. Court of Appeals Case No:  12-2049
   U.S. District Court for the District of Minnesota - St. Paul   
   [UNPUBLISHED] [Per Curiam. Before Loken, Bowman, and
   Colloton, Circuit Judges]
   Criminal Case - Anders. Appeal waiver is enforced and appeal is
   dismissed.