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.
132610U.pdf   12/15/2014  United States  v.  Emmanuel William Nyuon
   U.S. Court of Appeals Case No:  13-2610
   U.S. District Court for the District of South Dakota - Sioux Falls    
   [UNPUBLISHED] [Per Curiam - Before Wollman, Bye and Melloy, Circuit 
   Judges] 
   Criminal case - Criminal law. No error in allowing the victim in this sex 
   trafficking prosecution to testify about her family circumstances and 
   history of abuse as the evidence was relevant to the issue of coercion and 
   helped explain her decision to stay with defendant; challenges to jury 
   selection, prosecutor's comments and admission of defendant's custodial 
   statements rejected; 360-month sentence, which was at the low end of his 
   properly-calculated Guidelines range, was not substantively unreasonable. 
  
133794P.pdf   12/15/2014  United States  v.  Stacey Sellner
   U.S. Court of Appeals Case No:  13-3794
   U.S. District Court for the District of Nebraska - Omaha    
   [PUBLISHED] [Wollman, Author, with Riley, Chief Judge, and Bye, Circuit 
   Judge] 
   Prisoner case - habeas. In the absence of an evidentiary hearing, 
   petitioner's counsel's statement that petitioner agreed not to file an 
   appeal from her conviction cannot be accepted as true; as a a result, the 
   district court abused its discretion when it dismissed petitioner's claim 
   of ineffective assistance of counsel based on her attorney's failure to 
   file an appeal; when a pro se petitioner files a second Section 2255 
   motion while her first Section 2255 is still pending before the district 
   court, the second motion is not barred by AEDPA and should be construed as 
   a motion to amend; remanded for further proceedings. 
  
141408P.pdf   12/15/2014  Bonnie Cole  v.  Trinity Health Corporation
   U.S. Court of Appeals Case No:  14-1408
   U.S. District Court for the Northern District of Iowa - Ft. Dodge    
   [PUBLISHED] [Shepherd, Author, with Benton and Beam, Circuit Judges] 
   Civil case - COBRA. The district court did not abuse its discretion by 
   denying plaintiff's request for an award of statutory damages and 
   penalties based on defendant's failure to provide her notice of her right 
   to continue her health care coverage; there was no dispute that defendant 
   had failed to provide the notice, but the record showed it did not act in 
   bad faith and provided benefits after plaintiff's scheduled termination. 
  
142157U.pdf   12/15/2014  United States  v.  Luis Vallejo
   U.S. Court of Appeals Case No:  14-2157
   U.S. District Court for the District of Nebraska - Omaha    
   [UNPUBLISHED] [Per Curiam - Before Riley, Chief Judge, and Beam and 
   Gruender, Circuit Judges] 
   Criminal case - Criminal law. A co-conspirator's out-of-court statement 
   was properly admitted as it identified defendant's role as the 
   conspiracy's drug supplier; even if the court erred in admitting the 
   statement, the error was harmless in light of the other evidence linking 
   defendant to the conspiracy; the sentencing record showed the district 
   court was fully aware of its authority to grant a downward departure and 
   its decision to deny defendant's request for a downward departure under 
   Guidelines Sec. 5K2.20 for aberrant behavior is unreviewable. 
  
142171U.pdf   12/15/2014  Adam Welsch  v.  State Fair Community College
   U.S. Court of Appeals Case No:  14-2171
   U.S. District Court for the Western District of Missouri - Jefferson City    
   [UNPUBLISHED] [Per Curiam - Before Wollman, Bye and Melloy, Circuit 
   Judges] 
   Civil case - Defendants' judgment affirmed without comment.