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Nyuon U.S. Court of Appeals Case No: 13-2610 U.S. District Court for the District of South Dakota - Sioux Falls [UNPUBLISHED] [Per Curiam - Before Wollman, Bye and Melloy, Circuit Judges] Criminal case - Criminal law.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.