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as a courtesy to the reader. They are not part of the opinion of the court.
151712P.pdf 04/04/2017 United States v. Preston Phillips U.S. Court of Appeals Case No: 15-1712 U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Benton, Author, with Loken and Riley, Circuit Judges] Criminal case - Sentencing. On remand from the Supreme Court of the United States, see Phillips v. United States, 137 S.Ct. 634 (2017), for reconsideration under Mathis. For this court's prior opinion, see United States v. Phillips, 817 F.3d 567 (8th Cir. 2016). Remanded to the District Court for a determination as to whether defendant's Missouri second-degree burglary convictions were "of a building" and thus violent felonies under the Armed Career Criminal Act. 151789P.pdf 04/04/2017 United States v. Joseph Jackson U.S. Court of Appeals Case No: 15-1789 U.S. District Court for the District of Minnesota - St. Paul
[PUBLISHED] [Loken, Author, with Smith and Colloton, Circuit Judges] Criminal case - Criminal law. For the court's prior opinion remanding the matter on the ground the record did not adequately support the district court's determination that the town of Redby, Minnesota was part of Indian Country, see U.S. v. Jackson, 697 F.3d 670 (8th Cir. 2012); on remand, the district court did not err in determining that a 1905 Act of Congress did not diminish the Red Lake Reservation and that Redby was a part of Indian Country. 161073P.pdf 04/04/2017 Jerry Faidley v. United Parcel Service U.S. Court of Appeals Case No: 16-1073 U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Murphy, Author, with Kelly, Circuit Judge, and Montgomery, District Judge] Civil case - Employment discrimination. The district court correctly determined that plaintiff was not qualified to perform the essential job functions of a delivery driver; however, the court erred by determining as a matter of law that plaintiff was unable to perform the essential duties of a feeder driver position as there was sufficient evidence to create a genuine issue of material fact on plaintiff's claim that he was qualified; it was sufficient for plaintiff to present evidence that the position would be open in the near future to establish that a position was available; defendant's decision to reject plaintiff's bids for full time work was sufficient to show plaintiff suffered an adverse employment action; with respect to plaintiff's claim for a later incident of alleged discrimination, he failed to show he was qualified to perform the essential duties of any available job; the record further showed that defendant made a good faith effort to assist plaintiff in seeking an accommodation, and defendant was entitled to summary judgment with respect to this second claim. Judge Kelly, concurring in part and dissenting in part. Judge Montgomery, concurring in part and dissenting in part. 161299U.pdf 04/04/2017 Doris Castro Vargas v. Jefferson B. Sessions, III U.S. Court of Appeals Case No: 16-1299 and No: 16-2128 Petition for Review of an Order of the Board of Immigration Appeals
[UNPUBLISHED] [Per Curiam - Before Riley, Arnold and Colloton, Circuit Judges] Petition for Review - Immigration. The BIA has authority to determine whether an appeal waiver was valid; the BIA did not err in determining that the waiver was not coerced and was knowing and voluntary; nor did the BIA err in denying petitioner's motion for reconsideration. 161729P.pdf 04/04/2017 United States v. Wesley Wyatt U.S. Court of Appeals Case No: 16-1729 U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Riley, Author, with Wollman and Kelly, Circuit Judges] Criminal case - Criminal law. The indictment was sufficient to charge defendant with unlawful possession of a firearm and inform him of the charge against him; claim that a jury must find that convictions used to enhance a sentence were committed on separate occasions has been unequivocally rejected by this court - see U.S. v. Harris, 794 F.3d 885 (8th Cir. 2015). 161775P.pdf 04/04/2017 United States v. Michael Cottrell U.S. Court of Appeals Case No: 16-1775 U.S. District Court for the Northern District of Iowa - Cedar Rapids
[PUBLISHED] [Melloy, Author, with Colloton and Murphy, Circuit Judges] Criminal case - Sentencing. The district court erred in relying on unproven, objected-to-facts at sentencing where the government did not prove a prior conviction by a preponderance of the evidence; however, the prior conviction was only of the grounds stated for denying defendant's requested downward variance, and defendant cannot show that but for the error he would have received a more favorable sentence; sentence was not substantively unreasonable as it was within the guidelines range and was amply supported by the record.
