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.
133640P.pdf 11/24/2014 Gary Brooks v. United States U.S. Court of Appeals Case No: 13-3640 U.S. District Court for the Northern District of Iowa - Sioux City [PUBLISHED] [Gruender, Author, with Bye and Colloton, Circuit Judges] Habeas Case - motion to vacate. Claim of ineffective assistance of counsel for recommending an Alford plea was properly denied, as counsel's decision to recommend the plea was a permissible strategic choice. 141088P.pdf 11/24/2014 Patrick Laganiere v. The County of Olmsted U.S. Court of Appeals Case No: 14-1088 U.S. District Court for the District of Minnesota - Minneapolis [PUBLISHED] [Murphy, Author, with Smith and Gruender, Circuit Judges] Civil Case - civil rights. Grant of summary judgment to detention center, county and detention center employees on claim of deliberate indifference to serious medical needs following the death from a methadone overdose is affirmed. Record does not support that detention officer knew Laganiere experienced side effects or deliberately disregarded the risk, that supervisor failed to train or that detention center or county was liable. 141546P.pdf 11/24/2014 United States v. Kendrick Maid U.S. Court of Appeals Case No: 14-1546 U.S. District Court for the Southern District of Iowa - Davenport [PUBLISHED] [Gruender, Author, with Murphy and Smith, Circuit Judges] Criminal Case - sentence. Conviction for assault while displaying a dangerous weapon (Iowa Code sec. 708.1(3) qualifies as a threatened use of physical force and categorically qualifies as a crime of violence under USSG sec. 4B1.2(a)(1). Thus, district court did not err in determining base offense level pursuant to sec. 2K2.1(a)(2). Within-guidelines range sentence is presumed to be substantively reasonable. Record does not reveal clear error of judgment in district court's decision that the section 3553(a) factors, on the whole, justified the sentence. 141553U.pdf 11/24/2014 United States v. Ruben Castro U.S. Court of Appeals Case No: 14-1553 U.S. District Court for the Western District of Missouri - Kansas City [UNPUBLISHED] [Per Curiam. Before Wollman, Bye, and Melloy, Circuit Judges] Criminal Case - Anders. Appeal waiver is enforced. Appointment of new counsel is denied. 142087U.pdf 11/24/2014 United States v. Edward Jones U.S. Court of Appeals Case No: 14-2087 U.S. District Court for the Northern District of Iowa - Cedar Rapids [UNPUBLISHED] [Per Curiam. Before Smith, Bowman, and Colloton, Circuit Judges] Criminal Case - Anders. District court did not abuse its discretion in declining to grant requested variance below the advisory Guidelines range. 146027P.pdf 11/24/2014 Eldon Bugg v. Cyril Gray U.S. Court of Appeals Case No: 14-6027 U.S. Bankruptcy Court for the Western District of Arkansas - Hot Springs [PUBLISHED] [Kressel, Author, with Federman and Schermer, Bankruptcy Judges] Bankruptcy Appellate Panel - automatic stay. Creditors' eviction and disposition of debtor's property violated the automatic stay. Bankruptcy court had jurisdiction to hear claim relating to violation of the stay. Creditors did not object to continuances and their actions were inconsistent with intent to insist on time constraints of section 362(e) and, having failed to do so, they have waived their rights. Creditors are barred by judicial estoppel from claiming the stay expired under section 362(e). Bankruptcy court did not clearly err in finding that creditors had knowledge of the bankruptcy petition and acted deliberately and that they willfully violated the automatic stay. Bankruptcy court's findings as to actual damages were not clearly erroneous. The court did not make specific findings as to the motive or egregious conduct in violating the stay and the creditor's failure to appear at the trial does not satisfy that standard for punitive damages. Thus, the bankruptcy court abused its discretion in awarding punitive damages.