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as a courtesy to the reader. They are not part of the opinion of the court.
152905P.pdf 03/10/2017 Paul Gunderson v. BNSF Railway Company U.S. Court of Appeals Case No: 15-2905 U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Loken, Author, with Smith and Colloton, Circuit Judges] Civil case - Federal Rail Safety Act. The summary judgment dismissing Gunderson's retaliation claim must be affirmed because he failed to submit evidence that would permit a reasonable jury to infer that his FRSA-protected activities were a contributing factor in defendant's decision to discharge him for harassing and intimidating a co-worker; defendant's argument that Gunderson waived his right to file a de novo action in district court by engaging in protracted administrative adjudication of the merits of his FRSA retaliation claim would be left to another day. Judge Colloton, concurring in part and concurring in the judgment. 153085U.pdf 03/10/2017 United States v. Tyrice Royston U.S. Court of Appeals Case No: 15-3085 and No: 15-3202 U.S. District Court for the Eastern District of Missouri - Cape Girardeau
[UNPUBLISHED] [Per Curiam - Before Wollman and Smith, Circuit Judges, and Wright, District Judge] Criminal case - Criminal law and sentencing. Evidence was sufficient to support defendant's two bank robbery convictions; the district court properly weighed the 3553(a) factors and did not err in assigning greater weight to the circumstances of the offenses than it did to some personal factors defendant pointed to as justifying a downward variance; defendant's sentence did not create an unwarranted disparity with his co-defendants' sentences as the co-defendants each participated in only one robbery, pleaded guilty and had no prior criminal history. 153453U.pdf 03/10/2017 Andrea Rideout v. Nancy A. Berryhill U.S. Court of Appeals Case No: 15-3453 U.S. District Court for the Eastern District of Arkansas - Little Rock
[UNPUBLISHED] [Per Curiam - Before Wollman and Smith, Circuit Judges, and Wright, District Judge] Civil case - Social Security. The ALJ's determination concerning claimant's residual functional capacity was supported by substantial evidence and the ALJ did not err in rejecting claimant's argument that the RFC should include limitations related to lupus and migraines; the ALJ did not err in discounting claimant's doctors' opinions as some of the statements went to legal, rather than medical issues, and other statements were not consistent with the other medical evidence in the matter; the medical records in the administrative record were sufficient to allow the ALJ to make a disability determination and the ALJ was not required to order a consultative exam. 153794P.pdf 03/10/2017 United States v. Timothy Koons U.S. Court of Appeals Case No: 15-3794 and No: 15-3825 and No: 15-3854 and No: 15-3880 and No: 15-3894 U.S. District Court for the Northern District of Iowa - Sioux City
[PUBLISHED] [Loken, Author, with Wollman and Benton, Circuit Judges] Criminal case - Sentencing. The five defendants in these consolidated appeals were not eligible for a Section 3582(c)(2) reduction because their sentences were not "based on" a guidelines range subsequently lowered by Amendment 782. 161075U.pdf 03/10/2017 United States v. Donald White U.S. Court of Appeals Case No: 16-1075 U.S. District Court for the Western District of Missouri - Springfield
[UNPUBLISHED] [Per Curiam - Before Wollman and Smith, Circuit Judges, and Wright, District Judge] Civil Commitment. Given the absolute authority retained by the United States each time White was conditionally discharged to a Florida facility, as well as the court's indication that the discharge was pursuant to 18 U.S.C. Sec. 4246(e), the appropriate official for the State of Florida never assumed responsibility for White under Section 4246(d); rather the Attorney General merely contracted with the State of Florida for White's confinement and treatment, and Florida never assumed ultimate responsibility for him under Section 4246; as a result, the district court retained jurisdiction over White; the district court did not abuse its discretion in determining White met the Section 4246 criteria for continued commitment to the care and custody of the Attorney General. 161797P.pdf 03/10/2017 United States v. Hosea Swopes U.S. Court of Appeals Case No: 16-1797 U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Per Curiam - Before Colloton, Melloy and Shepherd, Circuit Judges] Criminal case - Sentencing. Defendant's Missouri second-degree robbery conviction was not a crime of violence for purposes of sentencing under the Armed Career Criminal Act - see United States v. Bell, 840 F.3d 963 (8th Cir. 2016)- and the matter is remanded for resentencing. 163305U.pdf 03/10/2017 United States v. Aaron Storm U.S. Court of Appeals Case No: 16-3305 U.S. District Court for the Southern District of Iowa - Des Moines
[UNPUBLISHED] [Per Curiam - Before Smith, Bowman and Benton, Circuit Judges] Criminal case - Criminal law. Anders case. Defendant voluntarily waived his right to an appeal as part of his plea agreement, and the appeal is dismissed.
