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.
122719P.pdf 03/04/2014 GoJet Airlines v. FAA U.S. Court of Appeals Case No: 12-2719 Petition for Review of an Order of the Federal Aviation Administration [PUBLISHED] [Loken, Author, with Colloton and Benton, Circuit Judges] Petition for Review - Order of the Federal Aviation Administration. Agency determination that GoJet violated 14 C.F.R. Sections 91.13(a)and 121.153(a)(2) by carelessly or recklessly operating an unairworthy plane is affirmed; the agency did not abuse its discretion by terminating the Voluntary Disclosure Reporting Program self-reporting proceeding and commencing a civil penalty action. 131244P.pdf 03/04/2014 United States v. John Bowers U.S. Court of Appeals Case No: 13-1244 U.S. District Court for the Southern District of Iowa - Des Moines [PUBLISHED] [Wollman, Author, with Colloton and Gruender, Circuit Judges] Criminal case - Sentencing. Defendant withdrew his objections to the factual statements in the Presentence Report, and the district court did not err in relying on those statements in imposing an enhancement under Guidelines Sec. 2K2.1(b)(6)(B) for possession of the weapon in connection with another felony. 131329P.pdf 03/04/2014 United States v. Michael Vore U.S. Court of Appeals Case No: 13-1329 U.S. District Court for the Southern District of Iowa - Council Bluffs [PUBLISHED] [Gruender, Author, with Wollman and Colloton, Circuit Judges] Criminal case - Criminal law. Police had probable cause to search defendant's truck as he was towing a trailer without proper registration or licensing and was leaving a site officers had placed under observation based on a report indicating the presence of stolen trailers; officers did not need a warrant to search the truck based on the automobile exception; evidence was sufficient to support defendant's conviction for possession of methamphetamine with intent to distribute; defendant was not entitled to his proposed "mere presence" instruction. 131515P.pdf 03/04/2014 United States v. Chaim Marcus U.S. Court of Appeals Case No: 13-1515 U.S. District Court for the Southern District of Iowa - Des Moines [PUBLISHED] [Bye, Author, with Bright and Smith, Circuit Judges] Civil case - Forfeiture. District court did not err in striking Marcus's Amended Verified Claim based on its conclusion that the claim did not comply with the requirements of Supplemental Rule G(5)(a)(iii), which requires that on asserting an interest in cash as a bailee, the claimant must identify the bailor; with respect to that portion of the cash Marcus claimed to own, the district court erred in striking the claim as the claim was sufficient to establish his standing under 18 U.S.C. Sec. 983(d)(6)(A) and his failure to answer special interrogatories did not provide a basis for striking the claim. 131694U.pdf 03/04/2014 United States v. Raymond Cortez U.S. Court of Appeals Case No: 13-1694 U.S. District Court for the Northern District of Iowa - Cedar Rapids [UNPUBLISHED] [Per Curiam - Before Bye, Smith and Benton, Circuit Judges] Criminal case - Criminal law and sentencing. Evidence was sufficient to support defendant's conviction for making a false, fictitious or fraudulent material statement in violation of 18 U.S.C. Sec. 1001(a)(2); district court did not err in imposing an enhancement for obstruction of justice based on defendant's perjury at trial or in calculating the amount of the loss; sentence was substantively reasonable. 132816U.pdf 03/04/2014 LaRonda Phox v. George E. Fern Co. U.S. Court of Appeals Case No: 13-2816 U.S. District Court for the Western District of Missouri - Kansas City [UNPUBLISHED] [Per Curiam - Before Loken, Bye and Colloton, Circuit Judges] Civil case - Employment discrimination. Defendant's judgment affirmed without comment. 133369U.pdf 03/04/2014 Raul Ruiz, Jr. v. Snodgrass U.S. Court of Appeals Case No: 13-3369 U.S. District Court for the Southern District of Iowa - Des Moines [UNPUBLISHED] [Per Curiam - Before Wollman, Murphy and Smith, Circuit Judges] Civil case - Civil rights. Pre-service dismissal of Section 1983 action affirmed without comment.