for the Eighth Circuit

152902P.pdf   03/06/2017  United States  v.  Ricky Sherwood
   U.S. Court of Appeals Case No:  15-2902
   U.S. District Court for the District of Minnesota - St. Paul   
   [PUBLISHED] [Loken, Author, with Smith and Colloton, Circuit Judges] 
   Criminal case - Sentencing. Where the district court did not give the 
   defendant advance notice that it was considering financial conditions of 
   supervised release that were unrelated to defendant's sexual misconduct 
   offense, the court would review the conditions under an 
   abuse-of-discretion standard; here, the imposition of two of the 
   conditions - providing the probation officer certain financial information 
   and prohibiting the defendant from incurring credit charges or lines of 
   credit without prior approval - were an abuse of the court's discretion, 
   and the conditions are deleted. Judge Colloton, dissenting. 
  
153925P.pdf   03/06/2017  NLRB  v.  Chipotle Services, LLC
   U.S. Court of Appeals Case No:  15-3925
   National Labor Relations Board   
   [PUBLISHED] [Riley, Author, with Murphy and Smith, Circuit Judges] 
   Petition for Review - National Labor Relations Board. Where Chipotle 
   failed to raise an argument before the Board or otherwise contest the 
   ALJ's application of the Wright Line standard for resolving conflicting 
   accounts of the employer's motive in discharging an employee, the court 
   was without jurisdiction to consider the argument in the absence of 
   extraordinary circumstances; even if this court were to adopt the 
   reasoning of two other circuits that the futility of raising an argument 
   before the Board can excuse the failure to raise the objection, the court 
   would not find extraordinary circumstances in this case because the Board 
   had not unambiguously rejected the argument in question. 
  
161091P.pdf   03/06/2017  United States  v.  Velnita Hairy Chin
   U.S. Court of Appeals Case No:  16-1091
   U.S. District Court for the District of South Dakota - Aberdeen   
   [PUBLISHED] [Per Curiam - Before Loken, Smith and Colloton, Circuit 
   Judges] 
   Criminal case - Sentencing. Although the district court did not make a 
   specific ruling on the PSR objection, the record reflects sufficient 
   reliable evidence for the district court to make a well-informed decision 
   as to whether defendant's conduct warranted a two-level increase under 
   Guidelines Sec. 2A2.3(b)(1)(A), and the absence of a specific ruling was 
   not a significant procedural error requiring reversal or remand; the 
   district court did not abuse its discretion by deciding to take 
   defendant's 40 tribal court convictions into account in reaching its 
   sentencing decision; the record does not support defendant's claim that 
   the district court's ire at Child Protections Services on the Standing 
   Rock Reservation affected the court's sentencing decision; the sentence 
   was not substantively unreasonable 
  
161492P.pdf   03/06/2017  United States  v.  Jamayal Mannings
   U.S. Court of Appeals Case No:  16-1492
   U.S. District Court for the Western District of Missouri - St. Joseph   
   [PUBLISHED] [Per Curiam - Sentencing. The district court's decisions 
   regarding the credibility of witnesses at sentencing in nearly 
   unreviewable and the district court did not err in its credibility 
   determination in connection with calculating drug quantity for purposes of 
   establishing defendant's base offense level; no error in imposing a 
   two-level firearm enhancement or a three-level role in the offense 
   enhancement; the district court provided sufficient reasoning for its 
   sentencing decision and the sentence imposed was substantively reasonable.