for the Eighth Circuit

161173U.pdf   04/06/2017  United States  v.  Troy Lawrence
   U.S. Court of Appeals Case No:  16-1173
   U.S. District Court for the Northern District of Iowa - Cedar Rapids   
   [UNPUBLISHED] [Per Curiam - Before Wollman, Murphy and Melloy, Circuit 
   Judges] 
   Criminal case - Criminal law and sentencing. Evidence was sufficient to 
   support defendant's convictions for conspiracy and possession of 
   methamphetamine with intent to distribute; the sentence imposed was not 
   substantively unreasonable. 
  
161450P.pdf   04/06/2017  NLRB  v.  Missouri Red Quarries, Inc.
   U.S. Court of Appeals Case No:  16-1450
                          and No:  16-1682
   National Labor Relations Board   
   [PUBLISHED] [Riley, Author, with Murphy and Smith, Circuit Judges] 
   Petition for Review and Cross-Petition for Enforcement - National Labor 
   Relations Board. The Board did not err in determining that an employee was 
   a supervisor and ineligible to vote in the union certification process; 
   the record showed he was a supervisor given his authority to recommend 
   applicants for hire without any sort of independent review by the 
   company's owner; additionally, secondary indicia, such as the owner's 
   absence from the site and delegation of day-to-day authority to run the 
   site, supported the Board's determination. Chief Judge Smith, dissenting. 
  
161589U.pdf   04/06/2017  United States  v.  Jesus Lizarraga
   U.S. Court of Appeals Case No:  16-1589
   U.S. District Court for the Northern District of Iowa, Waterloo   
   [UNPUBLISHED] [Per Curiam - Before Wollman, Murphy and Melloy, Circuit 
   Judges] 
   Criminal case - Sentencing. No error in imposing an aggravating-role 
   enhancement under Guidelines Sec. 3B1.1(b)as there were five or more 
   participants in the scheme, and the criminal activity was otherwise 
   extensive; district court adequately explained its decision, acknowledged 
   the guidelines were advisory and did not abuse its discretion in weighing 
   the 3553(a) factors. 
  
161903P.pdf   04/06/2017  United States  v.  Bruce Charles Tollefson
   U.S. Court of Appeals Case No:  16-1903
   U.S. District Court for the District of North Dakota - Fargo   
   [PUBLISHED] [Murphy, Author, with Beam and Benton, Circuit Judges] 
   Criminal case - Sentencing. The district court's standing order appointing 
   the Federal Public Defender to handle all motions for sentence reduction 
   under Amendment 782 did not violate defendant's Sixth Amendment rights; 
   defendants do not have a due process right to self-representation in 
   postconviction sentence reduction proceedings; the district court was not 
   required to entertain pro se motions filed by a represented party; there 
   is no right to counsel during a postconviction proceeding and a claim of 
   ineffective assistance of counsel necessarily fails; the district court 
   did not err in denying defendant's motion for a reduction of sentence 
   after considering the 3553(a) factors, the offense conduct and defendant's 
   post-sentencing accomplishments. 
  
162349P.pdf   04/06/2017  Christopher White  v.  Troy Steele
   U.S. Court of Appeals Case No:  16-2349
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Gruender, Author, with Riley, Circuit Judge, and Schreier, 
   District Judge] 
   Prisoner case - Habeas. Even though the court had reason to doubt the 
   petition was filed within the applicable AEDPA statute of limitations, it 
   would consider the merits of White's claims in the interest of judicial 
   economy; the state did not violate Brady or Napue by failing to disclose 
   an agreement with a prosecution witness that did not exist; assuming 
   without deciding that financial assistance provided to the witness was 
   subject to disclosure under Brady, White was not entitled to habeas relief 
   as the failure to disclose the information did not undermine confidence in 
   the guilty verdict.