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.
153351U.pdf 12/05/2016 James Lasley v. Running Supply, Inc. U.S. Court of Appeals Case No: 15-3351 U.S. District Court for the District of South Dakota - Sioux Falls [UNPUBLISHED] [Per Curiam - Before Murphy, Gruender and Shepherd, Circuit Judges] Civil case - Torts. Even if the district court erred in giving a general negligence instruction rather than the premises liability instruction plaintiff requested, the error did not affect plaintiff's substantial rights as there was sufficient evidence to show assumption of risk. 161056U.pdf 12/05/2016 United States v. Juan Valenzuela U.S. Court of Appeals Case No: 16-1056 U.S. District Court for the Western District of Arkansas - Fayetteville [UNPUBLISHED] [Per Curiam - Before Shepherd, Arnold and Kelly, Circuit Judges] Criminal case - Criminal law and sentencing. Anders case. Evidence was sufficient to support defendant's convictions for conspiracy and distribution of methamphetamine; defendant's sentence was substantively reasonable; pro se arguments rejected. 161101P.pdf 12/05/2016 Great Lakes Gas Transmission v. Essar Steel Minnesota LLC U.S. Court of Appeals Case No: 16-1101 U.S. District Court for the District of Minnesota - Minneapolis [PUBLISHED] [Gruender, Author, with Murphy and Shepherd, Circuit Judges] Civil case - Natural Gas Act. The Natural Gas Act does not create an express cause of action under which plaintiff could sue for recovery of payments due under a federal tariff; nor does the Act create an implied cause of action as there is no indication in the Act that Congress intended to create a federal cause of action displacing traditional state law breach of contract causes of action; the district court erred in asserting jurisdiction over the claims because even if federal issues were "necessarily raised" and "actually disputed," the federal issues were not substantial, and a federal court could not exercise federal question without disturbing the congressionally approved balance of federal and state judicial responsibilities; judgment of the district court is vacated and the case is remanded with directions to dismiss the case for lack of jurisdiction. 161354U.pdf 12/05/2016 United States v. Senica Howard U.S. Court of Appeals Case No: 16-1354 U.S. District Court for the Western District of Arkansas - El Dorado [UNPUBLISHED] [Per Curiam - Before Wollman, Arnold and Murphy, Circuit Judges] Criminal case - Sentencing. Anders case. The district court properly determined that defendant's Arkansas conviction for possession with intent to deliver hydrocodone qualified as a predicate offense for career offender sentencing. 161770U.pdf 12/05/2016 John Omariba v. Loretta E. Lynch U.S. Court of Appeals Case No: 16-1770 Petition for Review of an Order of the Board of Immigration Appeals [UNPUBLISHED] [Per Curiam - Before Smith, Bowman and Benton, Circuit Judges] Petition for Review - Immigration. The decision to deny withholding of removal and CAT relief was supported by substantial evidence and is affirmed without comment.