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.
162985P.pdf   07/21/2017  United States  v.  Emmanuel Chaplain
   U.S. Court of Appeals Case No:  16-2985
   U.S. District Court for the District of Nebraska - Omaha   
[PUBLISHED] [Beam, Author, with Riley and Shepherd, Circuit Judges] Criminal case - Criminal law. The evidence was sufficient to support defendant's Hobbs Act convictions as it showed his actions in robbing various businesses obstructed, delayed or affected commerce; defendant's brief fails to address his assertion that the evidence was insufficient to support his firearms convictions and the issue is abandoned; similarly, defendant failed to argue his contention that the Hobbs Act instruction was erroneous, and this issue is abandoned. 163092P.pdf 07/21/2017 United States v. Frank White U.S. Court of Appeals Case No: 16-3092 U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Riley, Author, with Wollman and Riley, Circuit Judges] Criminal case - Sentencing. Any error in applying a two-level enhancement under Guidelines Sec. 2B3.1(b)(5) for car-jacking was harmless because the district court provided an alternative basis for the sentence it imposed; the district court adequately explained the basis for its sentencing decision, pointing to the dangerousness of the criminal conduct, defendant's extensive criminal history and the risk defendant posed to the public in the future; sentence was substantively reasonable, as the court appropriately weighed the 3553(a) factors, including those presented by defendant. 163197U.pdf 07/21/2017 Olga Reyes-Bercian v. Jefferson B. Sessions, III U.S. Court of Appeals Case No: 16-3197 Petition for Review of an Order of the Board of Immigration Appeals
[UNPUBLISHED] [Per Curiam - Before Wollman, Colloton, and Gruender, Circuit Judges] Petition for Review - Immigration. BIA order dismissing petitioner's appeal from an IJ order denying her application for withholding of removal and relief under the Convention Against Torture affirmed without comment. 163294P.pdf 07/21/2017 United States v. Craig Giboney U.S. Court of Appeals Case No: 16-3294 U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Shepherd, Author, with Smith, Chief Judge, and Arnold, Circuit Judge] Criminal case - Criminal law. The district court did not err in determining defendant's pre-arrest statements were admissible as, considering the totality of the circumstances, the interview was not custodial, and defendant did not have to be advised of his Miranda rights; the court did not err in determining defendant's post-arrest statements were admissible as he did not clearly and unequivocally request the assistance of counsel before he answered the police officer's questions and admitted committing the offense. 163552U.pdf 07/21/2017 Vincent Angaya v. Jefferson B. Sessions, III U.S. Court of Appeals Case No: 16-3552 Petition for Review of an Order of the Board of Immigration Appeals
[UNPUBLISHED] [Per Curiam - Before Loken, Murphy and Melloy, Circuit Judges] Petition for Review - Immigration. Petitioner was removed in absentia and moved to reopen his removal proceedings under 8 U.S.C. Sec. 1229a(b)(5)(C); the IJ and BIA did not err in denying the motion as petitioner failed to meet his burden of establishing exceptional circumstances excusing his failure to appear at his removal hearing. 164049U.pdf 07/21/2017 Yuchai Chen v. Jefferson B. Sessions, III U.S. Court of Appeals Case No: 16-4049 Petition for Review of an Order of the Board of Immigration Appeals
[UNPUBLISHED] [Per Curiam - Before Wollman, Colloton and Gruender, Circuit Judges] Petition for Review - Immigration. Substantial evidence supported the agency's determination that petitioner did not qualify for asylum as she did not establish either past persecution or an objectively reasonable, well-founded fear of future persecution. 164402U.pdf 07/21/2017 United States v. Robert Daniels U.S. Court of Appeals Case No: 16-4402 U.S. District Court for the Eastern District of Missouri - St. Louis
[UNPUBLISHED] [Per Curiam - Before Loken, Murphy and Melloy, Circuit Judges] Criminal case - Sentencing. Defendant's prior conviction for assault of a police officer in the second degree in violation of Mo. Rev. Stat. Section 576.082 (2008) was a crime of violence for sentencing purposes; in making this determination, the court did not clearly err in determining defendant was convicted of subsection 1(1) of the second degree statute based on the state prosecutor's factual recitation at the plea hearing; the recitation sufficiently tracked the language of the statute. 171634U.pdf 07/21/2017 United States v. Kevin Herring U.S. Court of Appeals Case No: 17-1634 U.S. District Court for the Northern District of Iowa - Cedar Rapids
[UNPUBLISHED] [Per Curiam - Before Wollman, Loken and Benton, Circuit Judges] Criminal case - Sentencing. Anders case. The sentence imposed upon the revocation of defendant's supervised release was not an abuse of the district court's discretion.