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.
133651U.pdf   11/17/2014  United States  v.  Thomas Jensen
   U.S. Court of Appeals Case No:  13-3651
                          and No:  13-3652
   U.S. District Court for the District of South Dakota - Rapid City    
   [UNPUBLISHED] [Per Curiam - Before Murphy, Melloy and Benton, Circuit 
   Judges] 
   Criminal case - Sentencing. Sentence imposed upon the revocation of 
   defendant's supervised release was not substantively unreasonable. 
  
133738P.pdf   11/17/2014  United States  v.  Michael Scott Luedtke
   U.S. Court of Appeals Case No:  13-3738
                          and No:  13-3798
                          and No:  14-1031
   U.S. District Court for the District of Minnesota - St. Paul    
   [PUBLISHED] [Murphy, Author, with Smith and Gruender, Circuit Judges] 
   Criminal case - Criminal law and sentencing. The state jailers defendants 
   assaulted were performing a federal function under contract with the 
   United States Marshals and qualified as persons assisting federal officers 
   for purposes of defendants' prosecution under 18 U.S.C. Sec. 111; district 
   court adequately considered the 3553(a) factors, including his history and 
   characteristics, when it sentenced defendant Robinson. 
  
133780U.pdf   11/17/2014  Cesar Gustavo Aldana  v.  Eric H. Holder, Jr.
   U.S. Court of Appeals Case No:  13-3780
   Petition for Review of an Order of the Board of Immigration Appeals    
   [UNPUBLISHED] [Per Curiam - Before Colloton, Bowman and Shepherd, Circuit 
   Judges] 
   Petition for Review - Immigration. Petitioner did not make a prima facie 
   showing that he suffered a Fourth Amendment violation during the traffic 
   stop that led to the deportation proceedings underlying his removal and 
   was not entitled to a suppression hearing. 
  
141058U.pdf   11/17/2014  United States  v.  Dennis Hart
   U.S. Court of Appeals Case No:  14-1058
   U.S. District Court for the Western District of Missouri - Kansas City    
   [UNPUBLISHED] [Per Curiam - Before Bye, Shepherd and Kelly, Circuit 
   Judges] 
   Criminal case - Criminal law and sentencing. Defendant failed to present 
   any evidence as to how or why there was a systematic exclusion of African 
   Americans from the jury, and the district court did not err in rejecting 
   his challenge to the makeup of the jury; none of the prior convictions 
   used as the basis for defendant's sentencing under the Armed Career 
   Criminal Act involved the type of indivisible statutes to which Descamps 
   applies, and the court did not err in concluding defendant qualified as an 
   armed career offender. 
  
141071U.pdf   11/17/2014  United States  v.  Scott Pitts
   U.S. Court of Appeals Case No:  14-1071
   U.S. District Court for the Western District of Arkansas - Fayetteville    
   [UNPUBLISHED] [Per Curiam - Before Bye, Shepherd and Kelly, Circuit 
   Judges] 
   Criminal case - Sentencing. Although the district court imposed a 
   significant upward variance, the sentence was not an abuse of discretion 
   or substantively unreasonable; the district court imposed the sentence 
   based on consideration of the relevant sentencing factors and not to 
   enable treatment and there was no violation of Tapia v. United States, 131 
   S. Ct. 2382 (2011). 
  
141165P.pdf   11/17/2014  United States  v.  Allon Anderson
   U.S. Court of Appeals Case No:  14-1165
   U.S. District Court for the Western District of Arkansas - Ft. Smith    
   [PUBLISHED] [Bye, Author, with Shepherd and Kelly, Circuit Judges] 
   Criminal case - Criminal law. Even if the constitutionality of 42 U.S.C. 
   Sec. 16913 is doubtful under the Commerce Clause alone, the enabling 
   necessary and proper clause reveals the statute is constitutionally 
   authorized because the registration requirements of the statute are part 
   of the constitutional power of Congress to punish sex offenders who cross 
   state lines; enforcement of the registration requirement is a valid 
   exercise of the Commerce Clause and defendant has not clearly demonstrated 
   the lack of constitutional authority for Congress to enact 18 U.S.C. Sec. 
   2250(a)(2)(B). 
  
141182U.pdf   11/17/2014  James Carter, Jr.  v.  First National Bank, etc.
   U.S. Court of Appeals Case No:  14-1182
   Appeal from the Bankruptcy Appellate Panel for the Eighth Circuit    
   [UNPUBLISHED] [Before Bye, Shepherd, and Kelly, Circuit Judges] 
   Civil case - Bankruptcy. The bankruptcy court did not err in determining 
   the bank's violation of the automatic stay was not willful and that 
   sanctions were not appropriate. 
  
141192P.pdf   11/17/2014  Hot Stuff Foods, LLC  v.  Houston Casualty Company
   U.S. Court of Appeals Case No:  14-1192
                          and No:  14-1194
   U.S. District Court for the District of South Dakota - Sioux Falls    
   [PUBLISHED] [Loken, Author, with Riley, Chief Judge, and Kelly, Circuit 
   Judge] 
   Civil case - Insurance. Where the plaintiff manufacturer voluntarily 
   recalled some of its sandwich products because their labeling failed to 
   disclose the presence of MSG, the manufacturer bore the burden under the 
   insurance policy in question of proving that consuming the mislabeled 
   sandwiches may likely result in physical symptoms of bodily injury, 
   sickness or disease, and on the record before it, the district court erred 
   in granting partial summary judgment for the manufacturer on the coverage 
   issue; on remand, unless the district court determines that summary 
   judgment is appropriate on the full trial record, the coverage issue must 
   be submitted to a jury; the district court did not err in denying the 
   insurer's motion for judgment as a matter of law on the manufacturer's 
   claim for lost profits; there was no clear error in denying the 
   manufacturer's request for an award of attorney's fees under South Dakota 
   Codified Law Section 58-12-3 which allows recovery of attorneys' fees in 
   cases where the insurer has vexatiously or without reasonable cause 
   refused to pay the full amount of the loss. 
  
141273U.pdf   11/17/2014  Mark Smith  v.  Larry Norris
   U.S. Court of Appeals Case No:  14-1273
   U.S. District Court for the Eastern District of Arkansas - Little Rock    
   [UNPUBLISHED] [Per Curiam - Before Wollman, Bye and Smith, Circuit Judges] 
   Civil case. Defendants' summary judgment affirmed without comment. 
  
141486P.pdf   11/17/2014  Jeho Chavez-Castillo  v.  Eric H. Holder, Jr.
   U.S. Court of Appeals Case No:  14-1486
   Petition for Review of an Order of the Board of Immigration Appeals    
   [PUBLISHED] [Murphy, Author, with Smith and Gruender, Circuit Judges] 
   Petition for review - Immigration. The record does not support 
   petitioner's contention that a police officer stopped him solely because 
   of his race, and his claim that an egregious violation of his Fourth 
   Amendment rights required exclusion of his I-213 form was properly 
   rejected; the IJ did not violate petitioner's due process rights by 
   admitting the arresting officer's affidavit or by limiting petitioner's 
   ability to cross-examine the officer who prepared the I-213. 
  
141497U.pdf   11/17/2014  USA  v.  Armando Dominguez-Morales
   U.S. Court of Appeals Case No:  14-1497
   U.S. District Court for the Western District of Missouri - Kansas City    
   [UNPUBLISHED] [Per Curiam - Before Colloton, Bowman and Shepherd, Circuit 
   Judges] 
   Criminal case - Criminal law. Anders case. Defendant waived his right of 
   appeal as part of his plea agreement, and his appeal is dismissed. 
  
141794U.pdf   11/17/2014  United States  v.  James Clark
   U.S. Court of Appeals Case No:  14-1794
   U.S. District Court for the Eastern District of Missouri - St. Louis    
   [UNPUBLISHED] [Per Curiam - Before Colloton, Bowman and Shepherd, Circuit 
   Judges] 
   Criminal case - Sentencing. Anders case. District court adequately 
   considered the 3553(a) factors, including defendant's mental health, and 
   the sentence imposed was not unreasonable. 
  
141827U.pdf   11/17/2014  United States  v.  Kamel Elburki
   U.S. Court of Appeals Case No:  14-1827
   U.S. District Court for the Western District of Missouri - Kansas City    
   [UNPUBLISHED] [Per Curiam - Before Colloton, Bowman and Shepherd, Circuit 
   Judges] 
   Criminal case - Sentencing. Anders case. Claim of ineffective assistance 
   of counsel would not be considered on direct appeal; guilty plea was valid 
   and, to the extent defendant's sentence is reviewable, the sentence was 
   not unreasonable. 
  
142278U.pdf   11/17/2014  James E. Thompson  v.  Butte County, SD
   U.S. Court of Appeals Case No:  14-2278
   U.S. District Court for the District of South Dakota - Rapid City    
   [UNPUBLISHED] [Per Curiam - Before Wollman, Bye, and Melloy, Circuit 
   Judges] 
   Civil case - Appellate Procedure. Plaintiff's notice of appeal was 
   untimely and the appeal is dismissed for lack of jurisdiction.