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232389U.pdf 04/22/2024 United States v. Kermit Clay U.S. Court of Appeals Case No: 23-2389 U.S. District Court for the Western District of Missouri - Springfield [UNPUBLISHED] [Per Curiam - Before, Benton, Arnold, and Stras, Circuit Judges] Criminal case - Sentencing. The district court did not abuse its discretion in sentencing defendant to term of lifetime supervised release after revoking his supervised release for a fourth time, given defendant's initial conviction for receiving and distributing child pornography, his lengthy history of supervised release violations, his display of classic grooming behaviors, and his admitted attraction to underage girls. 232780U.pdf 04/22/2024 United States v. Vincent Strauser U.S. Court of Appeals Case No: 23-2780 U.S. District Court for the Northern District of Iowa - Eastern [UNPUBLISHED] [Per Curiam - Before Shepherd, Stras, and Kobes, Circuit Judges] Criminal case - Sentencing. The district court erred in sentencing defendant as a career offender because, although he received a 2-year sentence for the offense at issue, the statute of conviction - Iowa Code Sec. 124.410 - was not punishable by more than one year in prison. Because the record does not make it clear that the district court would have imposed the same sentence without the career offender classification, the error was not harmless. We vacate defendant's sentence and remand to the district court for resentencing. 233151U.pdf 04/22/2024 Danny Huff v. Canterbury Park Holding Corp. U.S. Court of Appeals Case No: 23-3151 U.S. District Court for the District of Minnesota [UNPUBLISHED] [Per Curiam - Before Benton, Erickson, and Stras, Circuit Judges] Civil case - Federal Labor Standards Act. The district court's order dismissing plaintiff's complaint against his former employer did not discuss an unpaid wage claim under the Fair Labor Standard Act. The district court should consider that claim in the first instance, and we thus vacate the district court's dismissal order, remand for further proceedings on plaintiff's federal wage claim, modify the dismissal of plaintiff's other claims to be with prejudice, and affirm the dismissal of those claims as modified. 241149U.pdf 04/22/2024 United States v. Shannon Smalley U.S. Court of Appeals Case No: 24-1149 U.S. District Court for the Western District of Missouri - Springfield [UNPUBLISHED] [Per Curiam - Before Benton, Grasz, and Stras, Circuit Judges] Criminal case - Sentencing. A new special condition of supervised release prohibiting defendant from being self-employed or obtaining secondary employment does not satisfy the applicable statutory and Guidelines requirements, as the record does not show a connection between defendant's secondary employment and his offense of conviction, or that the restriction is necessary to protect the public. The special condition is vacated, and the case is remanded.