Opinions are for Friday, September 15, 2017 

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.

152503P.pdf     09/15/2017  United States  v.  Thomas McDill, Jr.
   U.S. Court of Appeals Case No:  15-2503
   U.S. District Court for the District of South Dakota - Rapid City   
   [PUBLISHED] [Kelly, Author, with Loken and Colloton, Circuit Judges] 
   Criminal case - Criminal law. Defendant's convictions for two violations 
   of 36 C.F.R. Section 261.2(c) which prohibits "threatening, intimidating, 
   or intentionally interfering with any Forest officer ... while engaged in, 
   or on account of, the performance of duties for the protection, 
   improvement or administration of the National Forest System or other 
   duties assigned by the Forest Service" are reversed; the citations charged 
   defendant with harassment and interference, but the government and the 
   court effectively altered the charges set forth in the indictment to 
   include intimidation and threats, and this constructive amendment was 
   plain error; because defendant was convicted of a crime for which he was 
   not charged, and the conviction was supported by substantial evidence, the 
   conviction is reversed and the case is remanded for further proceedings. 
   Judge Colloton, dissenting. 
  
162786P.pdf     09/15/2017  Thomas Wartman  v.  United Food and Commercial
   U.S. Court of Appeals Case No:  16-2786
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Wollman, Author, with Colloton and Shepherd, Circuit Judges] 
   Civil case - Labor law.The district court did not err in determining the 
   complaint did not adequately allege that the defendant union violated 
   Section 8(b)(4)(ii)(B) of the Labor Management Relations Act by picketing 
   business that were not primary employers of the Union's members; enmeshing 
   a secondary party in the union's conflict with owner of a now-defunct 
   business is not conduct sufficient to constitute violation of the Act. 
   Judge Colloton, dissenting. 
  
164250U.pdf     09/15/2017  Edward Carter  v.  Amanda King
   U.S. Court of Appeals Case No:  16-4250
   U.S. District Court for the Eastern District of Arkansas - Pine Bluff   
   [UNPUBLISHED] [Per Curiam - Before Loken, Gruender and Shepherd, Circuit 
   Judges] 
   Prisoner case - Prisoner civil rights. The district court's order granting 
   defendants' motion for summary judgment on plaintiff's 
   deliberate-indifference-to- medical-needs claim affirmed without comment. 
  
164476U.pdf     09/15/2017  Naing Aung Mon  v.  Jefferson B. Sessions
   U.S. Court of Appeals Case No:  16-4476
   Petition for Review of an Order of the Board of Immigration Appeals   
   [UNPUBLISHED] [Per Curiam - Before Wollman, Murphy and Kelly, Circuit 
   Judges] 
   Petition for Review - Immigration. The court lacks jurisdiction to review 
   the petition because the underlying removal order was based on a 
   determination that petitioner was removable due to his aggravated felony 
   conviction, and he has not raised any constitutional claims or questions 
   of law.