OPINIONS ARE POSTED DAILY BETWEEN 10:00 and 11:00 a.m. Today is: [ Friday March 06, 2015 ] - - - - - NO OPINIONS HAVE BEEN POSTED TODAY The most recent opinions are for: [ 03/05/2015 ]  
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.
113342U.pdf  03/05/2015  United States  v.  Zachary Kruse
   U.S. Court of Appeals Case No:   11-3342
   U.S. District Court for the Northern District of Iowa, Waterloo   
[UNPUBLISHED] [Per Curiam - Before Murphy, Smith and Gruender, Circuit Judges] Criminal case - Criminal law. Warrant application established probable cause to believe contraband associated with drug dealing would be found in defendant's apartment; four-day delay in the execution of the warrant did not dissipate the probable cause which existed when the warrant was issued; officers could seize a weapon under the plain view doctrine as they were authorized to search a gun case because it could hold drugs and once they saw a weapon in the case, its incriminating nature was obvious given the officers' knowledge of defendant's felony convictions.
141087P.pdf  03/05/2015  John Allard  v.  Tonia Baldwin
   U.S. Court of Appeals Case No:   14-1087
   U.S. District Court for the Southern District of Iowa - Des Moines   
[PUBLISHED] [Bye, Author, with Loken and Smith, Circuit Judges] Prisoner case - Prisoner Civil Rights. While plaintiff's evidence concerning defendants' treatment of his bowel condition might establish negligent malpractice, neither a misdiagnosis nor the treatment he received rose to the level of deliberate indifference and a constitutional violation.
142048U.pdf  03/05/2015  United States  v.  Betty Smith
   U.S. Court of Appeals Case No:   14-2048
   U.S. District Court for the Eastern District of Missouri - St. Louis   
[UNPUBLISHED] [Loken, Author, with Murphy and Melloy, Circuit Judges] Criminal case - Sentencing. The sentence imposed, which included a downward variance based on defendant's personal history and support network, as well as her mental health issues, was not substantively unreasonable.
142080P.pdf  03/05/2015  United States  v.  Travis Peeler
   U.S. Court of Appeals Case No:   14-2080
   U.S. District Court for the District of Minnesota - St. Paul   
[PUBLISHED] [Loken, Author, with Bright and Kelly, Circuit Judges] Criminal case - Criminal law. Evidence was sufficient to support defendant's conviction for conspiring to distribute crack and cocaine.
142135P.pdf  03/05/2015  United States  v.  Thomas Riehl
   U.S. Court of Appeals Case No:   14-2135
   U.S. District Court for the Northern District of Iowa - Ft. Dodge   
[PUBLISHED] [Per Curiam - Before Bye, Bright and Benton, Circuit Judges] Criminal case - Sentencing. The district court did not abuse its discretion by denying defendant's request for a downward variance; the court was not required to consider then pending Guidelines Amendment 782 regarding reduction of drug quantity base offense levels; the district court did not err in considering the 3553(a) factors and the sentence it imposed was not substantively unreasonable; defendant may seek the benefit of Amendment 782 by filing a motion to reduce his sentence. Judge Bright, dissenting and asserting the case should be remanded with instructions to the district court to consider whether defendant is entitled to a sentence reduction in light of Amendment 782.
142325U.pdf  03/05/2015  Debra Sparks  v.  Carolyn W. Colvin
   U.S. Court of Appeals Case No:   14-2325
   U.S. District Court for the Western District of Arkansas - Harrison   
[UNPUBLISHED] [Per Curiam - Before Loken, Colloton and Kelly, Circuit Judges] Civil case - Social Security. The doctrine of collateral estoppel precluded claimant from relitigating whether her mental impairment met Listing 12.05C; substantial evidence on the record as a whole supported the ALJ's findings regarding the credibility of claimant's subjective complaints and the severity of her impairments.
142368U.pdf  03/05/2015  United States  v.  Benjamin Walker
   U.S. Court of Appeals Case No:   14-2368
   U.S. District Court for the Northern District of Iowa, Waterloo   
[UNPUBLISHED] [Per Curiam - Before Murphy, Bowman and Shepherd, Circuit Judges] Criminal case - Sentencing. Anders case. Sentence imposed was not substantively unreasonable.
142577P.pdf  03/05/2015  United States  v.  Adam Lawin
   U.S. Court of Appeals Case No:   14-2577
   U.S. District Court for the Northern District of Iowa, Waterloo   
[PUBLISHED] [Per Curiam - Before Bye, Bright and Benton, Circuit Judges] Criminal case - Sentencing. The district court was not required to consider then-pending Amendment 782 in determining defendant's guidelines calculation, as a sentencing court may consider pending Amendments but is not required to prospectively apply a pending Amendment; nor did the district court err in denying defendant's motion to continue sentencing until after the effective date of Amendment 782; defendant may filed a motion for reduction to pursue the benefits of Amendment 782; the ability to apply for this relief does not render the appeal moot since defendant has neither received the relief he seeks in this appeal nor is he guaranteed to receive it under Sec. 3582(c)(2). Judge Bright dissenting and asserting the appeal is, for all practical purposes, moot and the the matter should either be dismissed or remanded with instructions to the district court to consider whether defendant is entitled to a sentence reduction in light of Amendment 782