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as a courtesy to the reader. They are not part of the opinion of the court.
121170P.pdf 12/03/2012 United States v. Efrain Orozco U.S. Court of Appeals Case No: 12-1170 U.S. District Court for the Western District of Missouri - Springfield [PUBLISHED] [Melloy, Author, with Beam and Benton, Circuit Judges]
Criminal case - Criminal law and Sentencing. Initial traffic stop and later-acquired consent were valid and the officer did not impermissibly extend the stop without reasonable articulable suspicion; evidence was sufficient to support defendant's conviction for possession of cocaine with intent to distribute; remanded to permit the district court to address the applicability of Dorsey v. United States, 132 S. Ct. 2321 (2012) and the possibility of resentencing. 121260P.pdf 12/03/2012 R.K.N. v. Eric H. Holder, Jr. U.S. Court of Appeals Case No: 12-1260 Petition for Review of an Order of the Board of Immigration Appeals [PUBLISHED] [Benton, Author, with Melloy, Circuit Judge, and Baker, District Judge]
Petition for Review - Immigration. The Immigration Judge gave specific, cogent reasons for an adverse credibility finding and the BIA and IJ did not ignore petitioner's argument concerning his medical condition; evidentiary argument rejected; BIA did not err in affirming the IJ's decision and did not engage in improper factfinding. 121276P.pdf 12/03/2012 Toby J. Sutton v. Patricia Bailey U.S. Court of Appeals Case No: 12-1276 U.S. District Court for the Eastern District of Arkansas - Jonesboro [PUBLISHED] [Loken, Author, with Riley, Chief Judge, and Benton, Circuit Judge]
Civil case - civil rights. District court erred in denying defendants' motion for summary judgment based on qualified immunity as reasonable school officials would not have know that their conduct violated plaintiff's clearly established due-process rights. 121429U.pdf 12/03/2012 Thomas Brydon v. United States U.S. Court of Appeals Case No: 12-1429 U.S. District Court for the Northern District of Iowa - Cedar Rapids [UNPUBLISHED] [Per Curiam - Before Riley, Chief Judge, and Wollman and Melloy, Circuit Judges]
Prisoner case - habeas. Section 2255 provides no relief for a federal prisoner sentenced below the applicable statutory maximum even if the prisoner is sentenced as a career offender based on a predicate offense later determined not to be crime of violence in light of Begay. See Sun Bear v. United States, 644 F.3d 700 (8th Cir. 2011) (en banc). 121464P.pdf 12/03/2012 Joyce Johnson v. MFA Petroleum Company U.S. Court of Appeals Case No: 12-1464 U.S. District Court for the Western District of Missouri - Kansas City [PUBLISHED] [Murphy, Author, with Wollman and Beam, Circuit Judges]
Civil case - Petroleum Marketing Practices Act. In suit alleging gas station operators misrepresented the grade of gasoline sold at stations using single hose blender pumps, the absence of a federal cause of action under Subchapter II of the Petroleum Marketing Practices Act means that plaintiff's claim is not completely preempted and that there is no federal removal jurisdiction over that claim; however, the district court did not reach a jurisdictional argument under the Class Action Fairness Act which might provide for diversity jurisdiction, and the issue must be remanded for further development and adversarial briefing. Judge Beam, dissenting. 121836U.pdf 12/03/2012 United States v. Milton Ringgenberg U.S. Court of Appeals Case No: 12-1836 U.S. District Court for the Northern District of Iowa - Ft. Dodge [UNPUBLISHED] [Per Curiam -Before Murphy, Benton and Shepherd, Circuit Judges]
Criminal case - Sentencing. District court order imposing two special conditions of supervision limiting defendant's travel and requiring GPS monitoring were necessary for the protection of the parties defendant previously threatened and were not an abuse of the district court's discretion. 122031U.pdf 12/03/2012 United States v. Michael Toal U.S. Court of Appeals Case No: 12-2031 U.S. District Court for the Western District of Missouri - Kansas City [UNPUBLISHED] [Per Curiam - Before Murphy, Arnold and Smith, Circuit Judges]
Criminal case - Criminal law. Anders case. Defendant's issues were barred by an enforceable waiver of the right to appeal; court would not consider claim of ineffective assistance of counsel on direct appeal. 122279U.pdf 12/03/2012 United States v. Jeremy Nebeker U.S. Court of Appeals Case No: 12-2279 U.S. District Court for the Western District of Missouri - Springfield [UNPUBLISHED] [Per Curiam - Before Murphy, Arnold and Smith, Circuit Judges]
Criminal case - Criminal law. Anders case. Defendant's issues were barred by an enforceable waiver of his right of appeal, and the appeal is dismissed. 122461U.pdf 12/03/2012 David Christian v. Lt David Wagner U.S. Court of Appeals Case No: 12-2461 U.S. District Court for the Southern District of Iowa - Des Moines [UNPUBLISHED] [Per Curiam - Before Loken, Bowman and Colloton, Circuit Judges]
Prisoner case - Prisoner Civil Rights. Plaintiff's appeal is dismissed as untimely. 126033P.pdf 12/03/2012 David G. Velde v. Border State Bank U.S. Court of Appeals Case No: 12-6033 and No: 12-6035 U.S. Bankruptcy Court for the District of Minnesota - Fergus Falls [PUBLISHED] [Federman, Author, with Venters and Saladino, Bankruptcy Judges]
Bankruptcy Appellate Panel. The bankruptcy court did not err in rejecting the bank's "floating lien" defense under Sec. 574(c)(5), its "ordinary course of business" defense under Sec. 547(c)(2) or its "new value" defense under Sec. 547(c)(4); bankruptcy court correctly found that payment to the bank of funds which were held in debtor's account at the bank at the start of the liquidation period was not a preferential transfer or an improper setoff; bankruptcy court did err in giving the bank a credit for a consulting fee it paid to a retail liquidator, and that sum should be deducted from the judgment.
