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as a courtesy to the reader. They are not part of the opinion of the court.
153442P.pdf 04/17/2017 United States v. Marion Norwood U.S. Court of Appeals Case No: 15-3442 U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Per Curiam - Before Loken, Bowman and Murphy, Circuit Judges] Criminal case - Criminal law and sentencing. Anders case. Evidence was sufficient to support defendant's conspiracy conviction; no error in admitting evidence of past events under Rule 404(b); the district court judge, a former U.S. Attorney, was not required to recuse herself when the investigation and prosecution of this offense occurred after she was U.S. Attorney; no error in imposing certain enhancements; sentence was substantively reasonable. 153907P.pdf 04/17/2017 United States v. Breac Stewart U.S. Court of Appeals Case No: 15-3907 U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Colloton, Author, with Smith, Chief Judge, and Loken, Circuit Judge] Criminal case - Criminal law. The evidence was sufficient to support defendant's convictions for conspiracy, distribution of marijuana,conspiracy to commit money laundering and racketeering. 153992P.pdf 04/17/2017 United States v. Jose Luis Romero-Orbe U.S. Court of Appeals Case No: 15-3992 U.S. District Court for the District of Minnesota - St. Paul
[PUBLISHED] [Colloton, Author, with Smith, Chief Judge, and Loken, Circuit Judge] Criminal case - Sentencing. This case is controlled by U.S. v. Schaffer, 818 F.3d 796 (8th Cir. 2016) and the district court did not err in determining defendant's conviction for domestic assault under Minn. Stat. Section 609.2242, subd. 4, was a crime of violence under Guidelines Sec. 2L1.2. 161292U.pdf 04/17/2017 United States v. Kendan Fonville U.S. Court of Appeals Case No: 16-1292 U.S. District Court for the Northern District of Iowa - Cedar Rapids
[UNPUBLISHED] [Per Curiam - Before Colloton, Murphy and Melloy, Circuit Judges] Criminal case - Sentencing. The district court did not err in calculating defendant's offense level as the fact findings underlying the calculations were not clearly erroneous; no error in departing upward on defendant's criminal history category under Guidelines Sec. 4A1.3; sentence at the top of the resulting advisory guidelines range was substantively reasonable. 161827U.pdf 04/17/2017 United States v. Dustin Rogers U.S. Court of Appeals Case No: 16-1827 U.S. District Court for the Southern District of Iowa - Davenport
[UNPUBLISHED] [Per Curiam - Before Gruender, Arnold and Benton, Circuit Judges] Criminal case - Sentencing. Anders case. Below-guidelines range sentence was not substantively unreasonable. 161924P.pdf 04/17/2017 Francisco Lemus-Arita v. Jefferson B. Sessions, III U.S. Court of Appeals Case No: 16-1924 Petition for Review of an Order of the Board of Immigration Appeals
[PUBLISHED] [Gruender, Author, with Colloton and Kelly, Circuit Judges] Petition for Review - Immigration. The BIA applied the proper standard - de novo review - for reviewing the IJ's decision that petitioner had not established an objectively reasonable fear of future persecution; substantial evidence supports the BIA's determinations that petitioner failed to demonstrate past persecution or a well-founded fear of future persecution; substantial evidence supports the IJ and BIA's determination that petitioner failed to establish eligibility for asylum; since he cannot meet the lower standard for asylum relief, petitioner's claims for withholding of removal necessarily fails. 162479P.pdf 04/17/2017 United States v. Laura Giaimo U.S. Court of Appeals Case No: 16-2479 U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Melloy, Author, with Colloton and Murphy, Circuit Judges] Civil case - Federal tax. Taxpayer's underlying Tax Court appeal served to toll the limitations period applicable to the government's collection efforts, and the action to reduce a tax lien to judgment and foreclose on real property was timely. 162994U.pdf 04/17/2017 James River Insurance Company v. Interlachen Propertyowners U.S. Court of Appeals Case No: 16-2994 U.S. District Court for the District of Minnesota - Minneapolis
[UNPUBLISHED] [Per Curiam - Before Wollman, Melloy and Shepherd, Circuit Judges] Civil case - Insurance. The district court's determination that the Miller-Shugart agreement was not enforceable against James River is affirmed without comment. 163179U.pdf 04/17/2017 United States v. Larry Holt U.S. Court of Appeals Case No: 16-3179 U.S. District Court for the Eastern District of Missouri - St. Louis
[UNPUBLISHED] [Per Curiam - Before Smith, Chief Judge, and Arnold and Shepherd, Circuit Judges] Criminal case - Sentencing. The court's decision in U.S. v. Pulliam, 566 F.3d 784 (8th Cir. 2009), which held that a conviction for unlawfully using a weapon under Mo. Rev. Stat. Section 571.030.1(4) is a violent felony under the Armed Career Criminal Act is still good law. See United States v. Hudson, No. 15-3744, 2017 WL 1055583 (8th Cir. March 21, 2017). 163567U.pdf 04/17/2017 Kathryn Gillette v. Boehringer Ingelheim Pharm. U.S. Court of Appeals Case No: 16-3567 U.S. District Court for the District of Minnesota - Minneapolis
[UNPUBLISHED] [Per Curiam - Before Riley, Murphy and Shepherd, Circuit Judges] Civil case. Defendant's summary judgment affirmed without comment. 171804P.pdf 04/17/2017 Jason McGehee, et al v. Asa Hutchinson, et al U.S. Court of Appeals Case No: 17-1804 U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Per curiam - before Wollman, Loken, Riley, Colloton, Gruender, Benton, Shepherd, and Kelly] Prisoner Case - Prisoner Civil Rights. The State of Arkansas's motion to vacate the stays of execution granted by the district court on April 15, 2017 is granted, and the stays are vacated. Judge Kelly, dissenting.
