OPINIONS ARE POSTED DAILY BETWEEN 10:00 and 11:00 a.m. Today is: [ Thursday July 28, 2016 ] The most recent opinions are for: [ 07/28/2016 ]  
DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office                          as a courtesy to the reader. They are not part of the opinion of the court.
151362P.pdf  07/28/2016  Miguel Williams  v.  Wendy Kelley
   U.S. Court of Appeals Case No:   15-1362
   U.S. District Court for the Eastern District of Arkansas - Pine Bluff   
[PUBLISHED] [Smith, Author, with Gruender, Circuit Judge, and Ketchmark, District Judge] Prisoner case - Habeas. The district court did not err in dismissing Williams' habeas petition as time-barred; while his attorney provided poor to no representation, Williams did not pursue his rights diligently.
152078P.pdf  07/28/2016  United States  v.  Daniel Musa
   U.S. Court of Appeals Case No:   15-2078
   U.S. District Court for the District of Minnesota - St. Paul   
[PUBLISHED] [Kelly, Author, with Riley, Chief Judge, and Colloton, Circuit Judge] Criminal case - Sentencing. The district court did not make the findings required to impose an enhancement for leadership role in the offense under Guidelines Sec. 3B1.1(a); on this record the court could not say that the district court made the required finding that defendant organized or led at least one other participant, and the matter is remanded to give the district court an opportunity to clarify whether defendant organized or led at least one other participant. Judge Colloton, concurring.
152201P.pdf  07/28/2016  Glenn Williams  v.  Central Transport Intl.
   U.S. Court of Appeals Case No:   15-2201
   U.S. District Court for the Eastern District of Missouri - St. Louis   
[PUBLISHED] [Loken, Author, with Gruender and Kelly, Circuit Judges] Civil case - Fair Labor Standards Act. The district court did not err in classifying plaintiff as a loader and therefore exempt from the Fair Labor Standards Act under the Motor Carrier Act exemption; based on Supreme Court precedents, if an employee spends a substantial part of his time participating in or directing the actual loading of a motor vehicle common carrier's trailers operating in interstate commerce, the Secretary of Labor has the authority to regulate the employee's hours of service and the MCA exemption applies, regardless of the employee's precise role in the loading process.
152382P.pdf  07/28/2016  United States  v.  Christopher Holdsworth
   U.S. Court of Appeals Case No:   15-2382
   U.S. District Court for the Southern District of Iowa - Des Moines   
[PUBLISHED] [Smith, Author, with Loken and Beam, Circuit Judges] Criminal case - Sentencing. Under this circuit's precedents, a district court has the power to sentence a probation violator within the range of sentences available at the time of the initial sentencing; the district court's remarks at sentencing did not suggest that the court improperly lengthened defendant's sentence to promote rehabilitation or to assure his placement in a drug-treatment program; the district court properly considered the 3553(a) factors and did not impose an unreasonable sentence.
152725U.pdf  07/28/2016  United States  v.  Jay Phillip Flynn
   U.S. Court of Appeals Case No:   15-2725
   U.S. District Court for the District of Minnesota - St. Paul   
[UNPUBLISHED] [Per Curiam - Before Smith, Beam and Kelly, Circuit Judges] Criminal case - Sentencing. Upward variance was based on the sentencing factors in Section 3553(a), including the circumstances of the offense and the need to avoid unwarranted sentencing disparities, and was not substantively unreasonable.
153285U.pdf  07/28/2016  Jamie McCall  v.  Shock
   U.S. Court of Appeals Case No:   15-3285
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
[UNPUBLISHED] [Per Curiam - Before Loken, Bye and Kelly, Circuit Judges] Prisoner case - Prisoner civil rights. The district court did not err in granting defendants' motion for summary judgment in this conditions-of-confinement suit.
153329U.pdf  07/28/2016  United States  v.  Joseph Latham
   U.S. Court of Appeals Case No:   15-3329
   U.S. District Court for the Northern District of Iowa - Ft. Dodge   
[UNPUBLISHED] [Per Curiam - Before Loken, Murphy and Benton, Circuit Judges] Criminal case - Sentencing. The district court did not err in making defendant's sentence consecutive to an undischarged state sentence.