as a courtesy to the reader. They are not part of the opinion of the court.
121265P.pdf 12/05/2012 United States v. Diana Gamboa U.S. Court of Appeals Case No: 12-1265 U.S. District Court for the District of North Dakota - Fargo [PUBLISHED] [Benton, Author, with Loken and Smith, Circuit Judges]
Criminal case - Sentencing. The district court did not err in denying defendant's request for safety-valve sentencing when the record showed she played a supervisory role in the conspiracy; defendant withdrew her motion to withdraw her guilty plea and the court would not consider her argument that the district court erred in refusing to permit her to withdraw her plea. 121733U.pdf 12/05/2012 Curtis Nessan v. John Lovald U.S. Court of Appeals Case No: 12-1733 U.S. District Court for the District of South Dakota - Pierre [UNPUBLISHED] [Per Curiam - Before Riley, Chief Judge, and Colloton and Gruender, Circuit Judges]
Civil case - Bankruptcy. Bankruptcy court did not err in ordering debtor to turn over his boat and truck and a legal claim where he claimed a one- dollar exemption in each item and the trustee tendered him a check for $3.00, thereby satisfying any potential interest debtor had in the items. 121756P.pdf 12/05/2012 Douglas Milhauser v. Minco Products, Inc. U.S. Court of Appeals Case No: 12-1756 U.S. District Court for the District of Minnesota - Minneapolis [PUBLISHED] [Murphy, Author, with Bye and Shepherd, Circuit Judges]
Civil case - Uniformed Services Employment and Reemployment Rights Act. The jury's finding that plaintiff's position of employment would have been termination if he had not left for military service is entirely consistent with USERRA's text and implementing regulations. Judge Shepherd, concurring. 121998U.pdf 12/05/2012 Robert Philpott v. Lt. Weaver U.S. Court of Appeals Case No: 12-1998 U.S. District Court for the Western District of Arkansas - Ft. Smith [UNPUBLISHED] [Per Curiam - Before Bye, Gruender and Benton, Circuit Judges]
Civil case - Civil Rights. District court properly granted defendants summary judgment on plaintiff's claim that they violated his Fourth Amendment rights; defamation claim failed to state a claim as a matter of law; district court did not abuse its discretion by declining to exercise jurisdiction over plaintiff's state law claims. 122032U.pdf 12/05/2012 Tracy Green v. Michael J. Astrue U.S. Court of Appeals Case No: 12-2032 U.S. District Court for the Eastern District of Arkansas - Batesville [UNPUBLISHED] [Per Curiam - Before Murphy, Arnold and Smith, Circuit Judges]
Civil case - Social Security. Decision denying Green's benefits claim was supported by substantial evidence.