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.
161391P.pdf   06/05/2017  United States  v.  Charles Ahumada
   U.S. Court of Appeals Case No:  16-1391
   U.S. District Court for the District of North Dakota - Bismarck   
   [PUBLISHED] [Colloton, Author, with Beam and Gruender, Circuit Judges] 
   Criminal case - Criminal law. The state trooper's action in briefly  detaining 
   defendant after a traffic stop for a drug-dog sniff was  objectively reasonable 
   under then-binding circuit precedent, and the  district court did not 
   err in denying the motion to suppress the evidence seized following the 
   sniff; evidence was sufficient to support defendant's  conviction for 
   possession of heroin with intent to distribute. 
  
161459P.pdf   06/05/2017  United States  v.  Quantal Blake
   U.S. Court of Appeals Case No:  16-1459
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Colloton, Author, with Beam and Gruender, Circuit Judges] 
   Criminal case - Sentencing. There was ample evidence showing one of the 
   robbers in the bank robbery used a firearm, and the district court did not 
   err in concluding that the robbery qualified as a serious violent felony 
   for the purposes of sentencing under 18 U.S.C. Sec. 3559(c)(1); further, 
   the district court did not err in finding that defendant had failed to 
   present clear and convincing evidence to the contrary; whether the 
   defendant has shown the conviction was non-qualifying under Sec. 
   3559(c)(1) is a matter for the court and not the jury, as Sec. 
   3559(c)(3)(A) is an affirmative defense that cannot increase the 
   defendant's penalty. 
  
161555U.pdf   06/05/2017  United States  v.  Patrick Wigley
   U.S. Court of Appeals Case No:  16-1555
   U.S. District Court for the District of Nebraska - Lincoln   
   [UNPUBLISHED] [Per Curiam - Before Colloton, Beam and Gruender, Circuit 
   Judges] 
   Criminal case - Criminal law. Defendant waived his right to appeal his 
   sentence as part of the appeal waiver provisions in his guilty plea 
   agreement, and the appeal is dismissed. 
  
163134U.pdf   06/05/2017  United States  v.  Shawn Lee
   U.S. Court of Appeals Case No:  16-3134
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [UNPUBLISHED] [Per Curiam - Before Shepherd, Murphy and Kelly, Circuit 
   Judges] 
   Criminal case - Sentencing. Anders case. Defendant's sentence was not 
   unreasonable. 
  
163229P.pdf   06/05/2017  Norris Perry  v.  Margo Wolfe
   U.S. Court of Appeals Case No:  16-3229
   U.S. District Court for the Eastern District of Arkansas - Helena   
   [PUBLISHED] [Gruender, Author, with Murphy and Kelly, Circuit Judges] 
   Civil case - Civil rights. The district court did not err in holding 
   defendant Wolfe violated plaintiff's Fourth Amendment right to be free 
   from excessive force, because her use of force was objectively 
   unreasonable as a matter of law; at the time of plaintiff's arrest he had 
   committed no crime, was not resisting arrest and had not acted 
   aggressively or in a manner which threatened defendant or other officers; 
   plaintiff's right to be free from excessive force was clearly established 
   at the time of the incident, and defendant was not entitled to summary 
   judgment based on qualified immunity. 
  
163656U.pdf   06/05/2017  Sylvester Barbee  v.  Lisbeth Murphy
   U.S. Court of Appeals Case No:  16-3656
   U.S. District Court for the Western District of Arkansas - Hot Springs   
   [UNPUBLISHED] [Per Curiam - Before Gruender, Arnold and Kelly, Circuit 
   Judges] 
   Prisoner case - Prisoner civil rights. Defendants' summary judgment 
   affirmed without comment; however, the judgment against defendant Kelley 
   is modified to be without prejudice as the claim involving her was 
   dismissed for failure to exhaust administrative remedies. 
  
163756U.pdf   06/05/2017  United States  v.  Dominic Rickett
   U.S. Court of Appeals Case No:  16-3756
   U.S. District Court for the Western District of Missouri - Kansas City   
   [UNPUBLISHED] [Per Curiam - Before Colloton, Beam and Benton, Circuit 
   Judges] 
   Criminal case - Sentencing. Failure to object to alleged procedural errors 
   at sentencing results in those claims being reviewed only for plain error; 
   defendant makes no argument that there is a reasonable probability that he 
   would have received a lighter sentence but for the errors, and he has not, 
   therefore, established plain error; sentence was not substantively 
   unreasonable.