for the Eighth Circuit

161485P.pdf   03/23/2017  United States  v.  Michael Evans
   U.S. Court of Appeals Case No:  16-1485
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Wollman, Author, with Riley and Kelly, Circuit Judges] 
   Criminal case - Criminal case. The district court did not err in 
   determining the police lacked probable cause to arrest defendant as the 
   victim did not provide a positive identification sufficient to establish 
   probable cause; defendant lacked essential defining physical features 
   contained in the victim's description of her assailant and, together with 
   subsequently developed information, these discrepancies were so important 
   that they constituted a significant obstacle to finding probable cause; 
   the district court did not err in suppressing the firearm seized during 
   defendant's arrest. 
  
162695P.pdf   03/23/2017  United States  v.  Marchello Rembert
   U.S. Court of Appeals Case No:  16-2695
   U.S. District Court for the Northern District of Iowa, Waterloo   
   [PUBLISHED] [Beam, Author, with Loken and Benton, Circuit Judges] 
   Criminal case - Criminal law and sentencing. In this felon-in-possession 
   prosecution, the district court did not err in admitting a Facebook video 
   in which defendant is shown holding a firearm as the video was relevant to 
   show knowing and intentional possession of the firearm in a vehicle at the 
   time of his arrest; defendant's use of foul language in the video and the 
   video's caption did not make its introduction unfairly prejudicial, 
   especially where the district court gave an appropriate limiting 
   instruction; defendant's argument that the revocation of his Extended 
   Juvenile Jurisdiction for Minnesota aggravated robbery does not constitute 
   an adult conviction for career-offender purposes is foreclosed by this 
   court's decision in U.S. v. Nash, 627 F.3d 693 (8th Cir. 2010), and the 
   court declines the invitation to overrule Nash. 
  
163338U.pdf   03/23/2017  United States  v.  Roy Noles
   U.S. Court of Appeals Case No:  16-3338
   U.S. District Court for the Western District of Missouri - Kansas City   
   [UNPUBLISHED] [Per Curiam - Before Riley, Arnold and Colloton, Circuit 
   Judges] 
   Criminal case - Criminal law. Anders case. Defendant's plea agreement 
   contained a valid and enforceable appeal waiver which covered defendant's 
   sentencing issue, and the appeal is dismissed. 
  
163353P.pdf   03/23/2017  Hassanin Aly  v.  Hanzada Import & Export, etc.
   U.S. Court of Appeals Case No:  16-3353
   U.S. District Court for the Western District of Missouri - St. Joseph   
   [PUBLISHED] [Benton, Author, with Smith, Chief Judge, and Gruender, 
   Circuit Judge] 
   Civil case - Civil procedure. Plaintiff, a U.S. citizen domiciled in Ohio, 
   is a citizen of a state and defendant, a citizen of Egypt, is a citizen of 
   a foreign state and these facts created diversity jurisdiction under 28 
   U.S.C. Sec. 1332(a); plaintiff's dual citizenship did not defeat 
   jurisdiction; there were sufficient contacts with Missouri to permit the 
   constitutional exercise of Missouri's long-arm statute; the district court 
   did not err in rejecting defendant's statute of frauds defense as the 
   parties' oral contract for indefinite period of time does not, under 
   Missouri law, violate the statute.