for the Eighth Circuit

161327P.pdf   06/13/2017  United States  v.  William Sheridan
   U.S. Court of Appeals Case No:  16-1327
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Riley, Author, with Wollman and Kelly, Circuit Judges] 
   Criminal case - Sentencing. The hearsay evidence introduced at defendant's 
   sentencing had the necessary indicia of reliability and the court did not 
   err in relying on the testimony to impose an enhancement under Guidelines 
   Sec. 2A3.1; the Confrontation Clause does not apply at a sentencing 
   hearing, and defendant's Sixth Amendment challenge to the testimony is 
   rejected. 
  
161518P.pdf   06/13/2017  Paul Gerlich  v.  Steven Leath
   U.S. Court of Appeals Case No:  16-1518
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED] [Murphy, Author, with Loken and Kelly, Circuit Judges] 
   Civil case - Civil rights. In action alleging Iowa State University 
   violated plaintiffs' civil rights when it refused to allow NORML to use 
   the school's trademarked logos, the named plaintiffs had suffered an 
   injury in fact in their individual capacities and had standing to sue; 
   plaintiffs' attempts to obtain ISU's approval to use the trademarks on 
   NORML's ISU merchandise amounted to constitutionally protected speech; 
   plaintiffs established that the defendants violated their First Amendment 
   rights by engaging in viewpoint discrimination; the government speech 
   doctrine does not apply because ISU had created a limited public forum for 
   speech when it made its trademark available for student organizations if 
   they abided by certain conditions; the administration of the trademark 
   licensing regime did not, therefore, constitute government speech; 
   plaintiffs' right to be free from such discrimination was clearly 
   established and the defendants were not entitled to qualified immunity; 
   the injunctive relief ordered in the case was not too broad and was not an 
   abuse of the district court's discretion. Judge Kelly, concurring. Judge 
   Loken, dissenting. 
  
161894P.pdf   06/13/2017  United States  v.  Timothy Hansen
   U.S. Court of Appeals Case No:  16-1894
   U.S. District Court for the Southern District of Iowa - Davenport   
   [PUBLISHED] [Colloton, Author, with Beam and Gruender, Circuit Judges] 
   Criminal case - Sentencing. While the district court applied the 
   five-level increase under Guidelines Sec. 2G2.2(b)(3)(B), it varied 
   downward and the court is confident that the five-level increase did not 
   affect defendant's sentence and he did not suffer prejudice from any error 
   in applying the provision; as a result, the court will not address the 
   district court's finding that the provision applied. 
  
162542U.pdf   06/13/2017  United States  v.  Rodney Taylor
   U.S. Court of Appeals Case No:  16-2542
   U.S. District Court for the Western District of Missouri - Kansas City   
   [UNPUBLISHED] [Riley, Author, with Gruender and Kelly, Circuit Judges] 
   Criminal case - Criminal law and Sentencing. The district court did not 
   err in concluding defendant's prior felony convictions for unlawful use of 
   weapons in violation of Mo. Rev. Stat. Section 571.030.1(4) qualify as 
   crimes of violence under Guidelines Sec. 4B1.2(a); Second Amendment 
   challenge to 18 U.S.C. Sec. 922(g)(1) rejected.