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.
123896P.pdf 10/20/2014 United States v. Warnell Reid U.S. Court of Appeals Case No: 12-3896 U.S. District Court for the Eastern District of Missouri - St. Louis [PUBLISHED] [Colloton, Author, with Loken and Murphy, Circuit Judges] Criminal case - Criminal law and sentencing. When an arrestee chooses to reenter her home for her own convenience following an arrest outside the home, it is reasonable for officers to accompany her and to monitor her movements, and the seizure of a weapon seen in plain view was permissible under the Fourth Amendment; defendant's Missouri conviction for attempted second degree burglary did not constitute a violent felony under 18 U.S.C. Sec. 924(e); this ruling concerning Section 924(e) does not address the separate question of whether defendant qualified as a "career offender" under Guidelines Sec. 4B1.1, given that the definition of crime of violence in Guidelines Sec. 4B1.2 and its commentary specifically includes attempting to commit a crime of violence; remanded for further proceedings. 131391P.pdf 10/20/2014 Syngenta Seeds, Inc. v. Bunge North America, Inc. U.S. Court of Appeals Case No: 13-1391 U.S. District Court for the Northern District of Iowa - Sioux City [PUBLISHED] [Bye, Author, with Bright and Smith, Circuit Judges] Civil case. The United States Warehouse Act did not authorize Plaintiff's action against Bunge based on a claim Bunge violated its obligations of fair dealing after it refused to accept corn grown with plaintiff's genetically-modified corn seed sold under the name "Viptera," as nothing in the text or legislative history of the Act indicates Congress intended to authorize injured third parties to sue a breaching warehouse rather than the surety; there is no implied private cause of action in 7 U.S.C. Sec. 247(a); plaintiff was not a third-party beneficiary of the applicable licensing agreement; plaintiff's Lanham Act claim is remanded for further proceedings under the Supreme Court's recent decision in Lexmark Int'l, Inc. v. Static Control Components, Inc., 134 S. Ct 1377 (2014), to permit the district court to determine in the first instance whether plaintiff had standing to bring the claim under the zone-of-interests test and proximate causality requirement. 141161U.pdf 10/20/2014 United States v. Cebrian Sims U.S. Court of Appeals Case No: 14-1161 U.S. District Court for the District of Minnesota - St. Paul [UNPUBLISHED] [Per Curiam - Before Riley, Chief Judge, Wollman and Bye, Circuit Judges] Criminal case - Sentencing. A violation of Minnesota Statute Section 609.487, subd. 3 presents a serious potential of risk of physical injury and is a violent felony under the Armed Career Criminal Act. See U.S. v. Pate, 754 Fd. 3d 550 (8th Cir. 2014). 141456U.pdf 10/20/2014 United States v. Dwayne Appling U.S. Court of Appeals Case No: 14-1456 U.S. District Court for the Northern District of Iowa, Waterloo [UNPUBLISHED] [Per Curiam - Before Wollman, Bye and Smith, Circuit Judges] Criminal case - Sentencing. Anders case. Sentences were not unreasonable.