for the Eighth Circuit

161448U.pdf   07/20/2017  United States  v.  Isaac Maxie
   U.S. Court of Appeals Case No:  16-1448
   U.S. District Court for the District of Minnesota - St. Paul   
   [UNPUBLISHED] [Per Curiam - Before Loken, Colloton and Kelly, Circuit 
   Judges] 
   Criminal case - Criminal law. Defendant's release from prison mooted his 
   appeal of the district court's order revoking his supervised release and 
   sentencing him to eight months in prison without any further supervision. 
  
162756P.pdf   07/20/2017  Marcellino Pena  v.  Bob Kindler
   U.S. Court of Appeals Case No:  16-2756
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Melloy, Author, with Wollman and Shepherd, Circuit Judges] 
   Civil case - Civil rights. Regardless of whether plaintiff, an assistant 
   jail administrator, held a constitutionally protected interest in his 
   employment, the process surrounding his termination satisfied the due 
   process clause; plaintiff was not entitled to the procedural protections 
   of Minnesota's Peace Officer Discipline Procedures Act as he was not 
   charged with the duties of general law enforcement and the County never 
   utilized his services for those purposes. 
  
163391P.pdf   07/20/2017  United States  v.  Johnny Madison
   U.S. Court of Appeals Case No:  16-3391
   U.S. District Court for the Northern District of Iowa - Sioux City   
   [PUBLISHED] [Riley, Author, with Beam and Shepherd, Circuit Judges] 
   Criminal case - Sentencing. The district court did not err in determining 
   the amount and purity of the methamphetamine involved in defendant's 
   offense; the court did not clearly err in determining at sentencing that 
   defendant possessed a firearm in connection with his drug offense; 
   defendant's below-guidelines sentence was substantively reasonable. 
  
163539P.pdf   07/20/2017  PPKM  v.  Dr. Randall Williams
   U.S. Court of Appeals Case No:  16-3539
   U.S. District Court for the Western District of Missouri - Jefferson City   
   [PUBLISHED] Kelly, Author, with Gruender and Murphy, Circuit Judges] 
   Civil case - Attorneys' fees. Plaintiff obtained a permanent injunction 
   against the Missouri Department of Health and Senior Services after the 
   agency attempted to revoke plaintiff's license to provide abortion 
   services, but the license expired while the matter was on appeal; held, 
   plaintiff was a prevailing party in the underlying action and was entitled 
   to an award of attorneys' fees; plaintiff's recovery in the case was not 
   so technical as to render the award an abuse of discretion. 
  
164140P.pdf   07/20/2017  United States  v.  Phillip Fields
   U.S. Court of Appeals Case No:  16-4140
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Melloy, Author, with Loken and Murphy, Circuit Judges] 
   Criminal case - Sentencing. Defendant's conviction for second-degree 
   assault under Missouri Revised Section 560.060.1(3) was not a crime of 
   violence because the section also encompasses reckless driving - see 
   United States v. Ossana, 638 F.3d 895 (8th Cir. 2011); Ossana is still 
   dispositive of the case and the Supreme Court's decision in Voisine v. 
   United States, 136 S.Ct. 2272 (2016) and this court's decision in United 
   States v. Fogg, 836 FD.3d 951 (2016) do not compel a different result. 
   Reversed and remanded for resentecing. Judge Loken, dissenting. 
  
164525U.pdf   07/20/2017  United States  v.  Brian Swartz
   U.S. Court of Appeals Case No:  16-4525
   U.S. District Court for the Northern District of Iowa, Waterloo   
   [UNPUBLISHED] [Per Curiam - Before Wollman, Loken and Benton, Circuit 
   Judges] 
   Criminal case - Sentencing. Anders case. The district court did not abuse 
   its discretion by refusing to grant a mitigating-role reduction or a 
   further downward departure or variance.