DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.
162100U.pdf   05/25/2017  Jose Doe  v.  Dave Goodman
   U.S. Court of Appeals Case No:  16-2100
   U.S. District Court for the District of North Dakota - Bismarck   
[UNPUBLISHED] [Per Curiam. Before Shepherd, Arnold, and Kelly, Circuit Judges] Civil Case - civil rights. Grant of summary judgment on the basis of qualified immunity and on the merits to law enforcement officials following the execution of two search warrants is affirmed. Where warrant authorized search of single residence associated with the IP address and multi-tenants resided therein, it was not clearly established that search of one of the rented rooms would violate the Fourth Amendment; warrant authorizing the search of Doe's vehicle and computer was supported by probable cause; and restricting Doe from vehicle for two hours did not result in unlawful detention. Judge Kelly dissents. 162161P.pdf 05/25/2017 United States v. Lazaro Soliz U.S. Court of Appeals Case No: 16-2161 U.S. District Court for the District of Minnesota - St. Paul
[PUBLISHED] [Benton, Author, with Colloton and Beam, Circuit Judges] Criminal Case - sentencing. District court did not procedurally err in granting sentence at low end of guidelines range after granting downward variance and considering the section 3553(a) factors. The district court did not abuse its discretion in sentencing, as defendant acted alone and thus there were no sentencing disparities between co-conspirators and disagreements with practices of other district court does not demonstrate abuse of discretion. 162266U.pdf 05/25/2017 Jose Valle Chacon v. Loretta E. Lynch U.S. Court of Appeals Case No: 16-2266 Petition for Review of an Order of the Board of Immigration Appeals
[UNPUBLISHED] [Per Curiam. Before Gruender, Arnold, and Kelly, Circuit Judges] Petition for Review - immigration. Substantial evidence supports the denial of asylum and withholding of removal. 162571U.pdf 05/25/2017 United States v. James Borden U.S. Court of Appeals Case No: 16-2571 U.S. District Court for the Western District of Missouri - Jefferson City
[UNPUBLISHED] [Per Curiam. Before Colloton, Bowman, and Kelly, Circuit Judges] Criminal Case - Anders. District court did not plainly err in applying the challenged sentencing enhancement or in calculating the Guideline imprisonment range or impose a substantively unreasonable sentence. 163427P.pdf 05/25/2017 Food Market Merchandising, Inc v. Scottsdale Indemnity Company U.S. Court of Appeals Case No: 16-3427 U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Benton, Author, with Loken and Murphy, Circuit Judges] Civil Case - diversity. Where notice of claim is required "as soon as practicable, but in no event later that sixty days after the end of the Policy Period," the district court's determination that no reasonable factfinder could conclude that seven months notice was "as soon as practicable" is affirmed. Because notice is a condition precedent to coverage, a showing of prejudice is not required. The district court properly found the term "as soon as practicable" to be unambiguous, and properly concluded there was no waiver.