for the Eighth Circuit

161233P.pdf   04/27/2017  United States  v.  Jason Sims
   U.S. Court of Appeals Case No:  16-1233
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [PUBLISHED] [Gruender, Author, with Riley, Circuit Judge, and Schreier, 
   District Judge] 
   Criminal case - Sentencing. Defendant's Arkansas residential burglary 
   convictions do not qualify as predicate offenses for sentencing under the 
   Armed Career Criminal Act as the statute categorically sweeps more broadly 
   than generic burglary; reversed and remanded for resentencing. 
  
161441P.pdf   04/27/2017  United States  v.  John Beyers
   U.S. Court of Appeals Case No:  16-1441
                          and No:  16-1443
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Riley, Author, with Smith and Kelly, Circuit Judges] 
   Criminal case - Sentencing. The mitigating factors defendant contends the 
   district court ignored were a major focus of his sentencing hearing and 
   the court expressly addressed the essence of the defendant's position at 
   sentencing; the district court did nor abuse its discretion by making 
   defendant's revocation sentence consecutive to the sentences for his new 
   crimes. 
  
161976U.pdf   04/27/2017  Brittany O.  v.  Bentonville School District
   U.S. Court of Appeals Case No:  16-1976
   U.S. District Court for the Western District of Arkansas - Fayetteville   
   [UNPUBLISHED] [Per Curiam - Before Riley, Arnold and Colloton, Circuit 
   Judges] 
   Civil case - Individuals with Disabilities Education Act. The 90-day 
   period for the aggrieved party to challenge the IDEA hearing officer's 
   decision ended on February 23, 2014 and plaintiff's March 5, 2014 IDEA 
   attorneys'-fees complaint was timely, even if the applicable limitations 
   period was 90 days; the district court erred, therefore, in dismissing the 
   attorneys' fees claim as untimely; on the merits, the district court did 
   not err in finding the plaintiff parent lacked standing to seek 
   prospective injunctive relief against the Commissioner of the Arkansas 
   Department of Education. 
  
163350U.pdf   04/27/2017  Ronald Smullin  v.  Brett Duncan
   U.S. Court of Appeals Case No:  16-3350
   U.S. District Court for the Eastern District of Arkansas - Jonesboro   
   [UNPUBLISHED] [Per Curiam - Before Riley, Arnold and Colloton, Circuit 
   Judges] 
   Prisoner case - Prisoner civil rights. Dismissal affirmed without comment. 
  
164423U.pdf   04/27/2017  United States  v.  William Worrels
   U.S. Court of Appeals Case No:  16-4423
   U.S. District Court for the Southern District of Iowa - Davenport   
   [UNPUBLISHED] [Per Curiam - Before Riley, Murphy and Shepherd, Circuit 
   Judges] 
   Criminal case - Sentence. There was no procedural error in the calculation 
   of defendant's revocation sentence and the sentence imposed was not 
   substantively unreasonable. 
  
171892P.pdf   04/27/2017  Kenneth Williams  v.  Wendy Kelley
   U.S. Court of Appeals Case No:  17-1892
                          and No:  17-1893
                          and No:  17-1896
   U.S. District Court for the Eastern District of Arkansas - Pine Bluff   
   [PUBLISHED] [Per Curiam. Before Wollman, Riley, and Kelly, Circuit Judges] 
   Death Penalty Appeal. Upon transfer by the district court of a motion for 
   relief from judgment asserting juror misconduct and bias, and an amended 
   petition for writ of habeas corpus, asserting ineligibility to be executed 
   based on intellectual disability, as an application for successive motion 
   under 28 U.S.C. sec. 2244(b), this court agrees these matters constitute a 
   second or successive habeas application and authorization is denied. Even 
   if it were not a second or successive habeas petition, William has not 
   shown "extraordinary circumstances" justifying relief from judgment. 
   Williams's protective application to file a second or successive petition 
   habeas petition is also denied. In Williams's appeal from the district 
   court's transfer order, the application for a certificate of appealability 
   is denied as moot. The motions for stay of execution are denied. Judge 
   Kelly concurs in part and dissents in part. 
  
176010P.pdf   04/27/2017  Zeljko Situm  v.  Douglass J. Coppess
   U.S. Court of Appeals Case No:  17-6010
   U.S. Bankruptcy Court for the District of Minnesota - St. Paul   
   [PUBLISHED] [Schermer, Author, with Federman and Shodeen, Bankruptcy 
   Judges] 
   Bankruptcy Appellate Panel. The Panel could not, in the absence of a 
   transcript of the bankruptcy court's oral findings and conclusions say 
   whether it had erred, and the order is affirmed.