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.
141560P.pdf 07/06/2015 David Meyer and Nancy Meyer v. U.S. Bank National Association U.S. Court of Appeals Case No: 14-1560 U.S. District Court for the District of Nebraska - Lincoln [PUBLISHED] [Loken, Author, with Riley, Chief Judge, and Smith, Circuit Judge] Civil case - Torts. For the court's prior opinion in the matter, see Meyer v. U.S. Bank Nat'l Ass'n, 715 F.3d 703 (8th Cir. 2013). In this action alleging tortious interference with the plaintiff's contractual relations with a feed supplier, the district court did not err in granting summary judgment based on matters outside the pleadings where all parties were given a change to present material pertinent to the motion; the district court did not err in imposing Rule 11 sanctions against plaintiffs where they repackaged the prior suit under a different cause of action and made claims regarding the trust's status as plaintiff which were contradicted by their contentions in the prior case and the evidence in the record; the trust's appeal of the sanctions order was not frivolous; however, by arguing that the district court erred in granting a Rule 12(b)(6) dismissal when the district court clearly granted summary judgment in the case, and by misrepresenting governing law in their reply brief, plaintiffs had frivolously argued the appeal, and defendant is entitled to double appeals costs as a sanction. 142536P.pdf 07/06/2015 United States v. Nestor Casillas U.S. Court of Appeals Case No: 14-2536 U.S. District Court for the Southern District of Iowa - Des Moines [PUBLISHED] [Loken, Author, with Riley, Chief Judge, and Shepherd, Circuit Judge] Criminal case - Criminal law. Defendant's confession was made within six hours of his arrest and was admissible. 142844P.pdf 07/06/2015 United States v. Lori Jenkins U.S. Court of Appeals Case No: 14-2844 U.S. District Court for the District of Nebraska - Omaha [PUBLISHED] [Benton, Author, with Wollman and Smith, Circuit Judges] Criminal case - Criminal law and sentencing. An error in the indictment regarding the amount involved in defendant's prior shoplifting conviction did not affect defendant's substantial rights and the evidence was sufficient to show she had a prior felony conviction; district court's supplemental instruction regarding the definition of a felony under Nebraska law was a clear, neutral and accurate statement of the law and it was not an abuse of the court's discretion to give it; the district court did not err in applying the cross-reference to Guidelines Sec. 2A1.1, and application of the enhancement does not violate Alleyne, Apprendi and Blakely; evidence was sufficient to show the ammunition defendant transferred to her son resulted in four deaths. 143077P.pdf 07/06/2015 Stacy Cox v. First National Bank U.S. Court of Appeals Case No: 14-3077 U.S. District Court for the District of Nebraska - Omaha [PUBLISHED] [Benton, Author, with Wollman and Smith, Circuit Judges] Civil case - Employment discrimination. Defendant offered legitimate, non-discriminatory grounds for its promotion decision, and plaintiff failed to show the stated grounds were pretexts for gender discrimination 143302U.pdf 07/06/2015 Bruce Strauss v. Bruce Cole U.S. Court of Appeals Case No: 14-3302 U.S. District Court for the Western District of Missouri - Jefferson City [UNPUBLISHED] [Per Curiam - Before Smith, Bowman and Colloton, Circuit Judges] Civil case - Bankruptcy. The bankruptcy court's order granting the trustee's motion for summary judgment on claims seeking to avoid certain fraudulent and preferential transfers affirmed without comment. 143489U.pdf 07/06/2015 United States v. Jorge Munoz-Ramon U.S. Court of Appeals Case No: 14-3489 U.S. District Court for the District of Nebraska - Omaha [UNPUBLISHED] [Per Curiam - Before Wollman, Smith and Benton, Circuit Judges] Criminal case - Criminal law and sentencing. The district court did not err in finding credible the police officer who testified that he had informed defendant of his Miranda rights and that defendant had waived them before making his confession; no error in admitting notebooks seized from defendant's apartment as the probative value of the drug ledgers contained in the notebooks outweighed any prejudice from their admission; no error in attributing the drugs found in an apartment defendant had rented for the conspiracy; no error in denying an acceptance-of-responsibility reduction where defendant went to trial and put the government to its burden of proof; sentence was not substantively unreasonable.