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.
151415P.pdf   04/25/2016  Cynthia Wilson  v.  Jayne Miller
   U.S. Court of Appeals Case No:  15-1415
   U.S. District Court for the District of Minnesota - Minneapolis    
   [PUBLISHED] [Shepherd, Author, with Riley, Chief Judge, and Smith, Circuit 
   Judge] 
   Civil case - Civil rights. In action alleging defendants retaliated 
   against plaintiff, their employee, for her public comments in a newspaper 
   article and at an open meeting for employees by giving her a negative 
   performance rating, ratings that have a negative impact on promotion 
   potential do not constitute an adverse employment action unless the rating 
   actually led to the denial of a promotion, and the evidence here did not 
   support a conclusion that plaintiff would have been selected absent the 
   comments in her performance review; further, plaintiff had not presented 
   evidence that the review was actually used in the selection process and no 
   reasonable jury could draw an inference that the employer did not promote 
   plaintiff because of comments in her performance evaluation; similarly, 
   there was no evidence that plaintiff's protected speech was a substantial 
   or motivating factor in other claimed adverse actions - denial of a 
   promotion and disciplinary actions; the district court did not abuse its 
   discretion by declining to exercise supplemental jurisdiction over 
   plaintiff's pendent state law claims. Judge Smith, dissenting. 
  
151824U.pdf   04/25/2016  United States  v.  James Craig, Jr.
   U.S. Court of Appeals Case No:  15-1824
   U.S. District Court for the Eastern District of Arkansas - Little Rock    
   [UNPUBLISHED] [Per Curiam - Before Wollman, Benton, and Shepherd, Circuit 
   Judges] 
   Criminal case - Criminal law. Prior incident involving the use of alcohol 
   showed a ban on alcohol use was needed to prevent any interference with 
   defendant's completion of post-sentencing treatment, and the district 
   court did not abuse its discretion by adding the ban as a special 
   condition; the district court performed the required individualized 
   assessment before imposing restrictions on possession of pornography and 
   sexually explicit materials, and the condition was not an abuse of the 
   court's discretion; no error in imposing a condition prohibiting defendant 
   from associating with known sex offenders without the approval of the 
   probation office as this condition merely modified the general condition 
   prohibiting association with felons and was reasonably related to his 
   offense; ban on possession of photographic devices was reasonably related 
   to defendant's history and characteristics, as well as his offense. 
  
152669U.pdf   04/25/2016  United States  v.  DeJuan Thornton
   U.S. Court of Appeals Case No:  15-2669
   U.S. District Court for the Western District of Missouri - Springfield    
   [UNPUBLISHED] [Per Curiam - Before Gruender, Arnold and Shepherd, Circuit 
   Judges] 
   Civil case - Appellate Procedure. Defendant's appeal from an order 
   committing him to treatment under 18 U.S.C. Sec. 4245 was untimely, and 
   the appeal is dismissed. 
  
153020P.pdf   04/25/2016  United States  v.  Aaron Webster
   U.S. Court of Appeals Case No:  15-3020
   U.S. District Court for the Northern District of Iowa, Waterloo    
   [PUBLISHED] [Per Curiam - Before Benton, Bright and Bye, Circuit Judges] 
   Criminal case - Sentencing. For the court's prior opinion remanding the 
   matter for resentencing without consideration of certain disputed facts, 
   see United States v. Webster, 788 F.3d 891 (8th Cir. 2015). Anders case. 
   Unchallenged facts in the presentence report supported the imposition of 
   an enhancement under Guidelines Sec. 2K2.1(b)(6)(B) for use of the weapon 
   in connection with another felony offense; sentence was not substantively 
   unreasonable. Judge Bright, dissenting. 
  
161002U.pdf   04/25/2016  United States  v.  Robert Allen
   U.S. Court of Appeals Case No:  16-1002
   U.S. District Court for the Western District of Missouri - Joplin    
   [UNPUBLISHED] [Per Curiam - Before Loken, Bye and Kelly, Circuit Judges] 
   Criminal case - Sentencing. Anders case. Sentence imposed upon the 
   revocation of defendant's supervised release was not substantively 
   unreasonable.