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.
131182P.pdf   10/21/2014  United States  v.  Fred Thompson
   U.S. Court of Appeals Case No:  13-1182
   U.S. District Court for the District of North Dakota - Fargo    
   [PUBLISHED] [Kelly, Author, with Riley, Chief Judge, and Colloton, Circuit 
   Judge] 
   Criminal case - Criminal law. Defendant did not waive the right to 
   challenge the voluntariness of his guilty plea; the district court's 
   failure to advise defendant during his plea hearing that he still faced a 
   potential life sentence on one of the counts was plain error; assuming for 
   purposes of discussion that the district court's comments at the plea 
   constituted improper participation in plea negotiations in violation of 
   Rule 11 and that the error was plain, defendant has failed to demonstrate 
   a reasonable probability that but for the cited errors, he would not have 
   entered a guilty plea, and he was not entitled to relief. 
  
132663P.pdf   10/21/2014  Richard "Bud" Steen  v.  Robert Murray
   U.S. Court of Appeals Case No:  13-2663
   U.S. District Court for the District of Nebraska - Omaha    
   [PUBLISHED] [Loken, Author, with Beam and Gruender, Circuit Judges] 
   Civil case - Legal Malpractice. The district court did not err in 
   determining that plaintiff's legal malpractice action was governed by 
   Nebraska law and that it was untimely under the applicable Nebraska 
   statute of limitations. 
  
133039P.pdf   10/21/2014  Noel Bisges  v.  Nancy Gargula
   U.S. Court of Appeals Case No:  13-3039
   U.S. District Court for the Western District of Missouri - Jefferson City    
   [PUBLISHED] [Kelly, Author, with Riley, Chief Judge, and Smith, Circuit 
   Judge] 
   Civil case - Bankruptcy. In the absence of any evidence of bad faith by 
   the trustee, there was no basis to sanction her by dismissing her motions 
   for disgorgement of fees and sanctions against Bigses for his actions in 
   representing debtor; the court did not err in sanctioning Bigses for 
   counseling debtor to omit from her bankruptcy petition a payment she made 
   to her mother and attaching schedules significantly different than those 
   prepared by debtor. 
  
133710U.pdf   10/21/2014  John Likins  v.  United States
   U.S. Court of Appeals Case No:  13-3710
   U.S. District Court for the Western District of Missouri - Kansas City    
   [UNPUBLISHED] [Per Curiam - Before Wollman, Loken and Murphy, Circuit 
   Judges] 
   Civil case - Federal Tort Claims Act. The district court did not err in 
   dismissing plaintiff's claim as time-barred under the Act's two-year 
   statute of limitations. 
  
141037P.pdf   10/21/2014  Quam Construction Co., Inc.  v.  City of Redfield
   U.S. Court of Appeals Case No:  14-1037
   U.S. District Court for the District of South Dakota - Aberdeen    
   [PUBLISHED] [Kelly, Author, with Riley, Chief Judge, and Loken, Circuit 
   Judge] 
   Civil case - Arbitration. The parties' contract does not mandate 
   arbitration, and the district court did not err in denying plaintiff's 
   motion to compel arbitration. 
  
141460P.pdf   10/21/2014  United States  v.  Yusuf Jones
   U.S. Court of Appeals Case No:  14-1460
   U.S. District Court for the Southern District of Iowa - Des Moines    
   [PUBLISHED] [Murphy, Author, with Wollman and Loken, Circuit Judges] 
   Criminal case - Sentencing. Jones forfeited his right to written notice of 
   additional violations under Rule 32.1(b)(2)(A), and the failure of the 
   government to provide the notice did not affect his substantial rights or 
   prejudice him; sentence imposed upon the revocation of defendant's 
   supervised release was not substantively unreasonable. 
  
141505P.pdf   10/21/2014  United States  v.  Benjaman Shelabarger
   U.S. Court of Appeals Case No:  14-1505
   U.S. District Court for the Southern District of Iowa - Des Moines    
   [PUBLISHED] [Wollman, Author, with Loken and Murphy, Circuit Judges] 
   Criminal case - Criminal law and sentencing. Evidence was sufficient to 
   support defendant's conviction for receiving child pornography; his 
   210-month sentence does not violate the Eighth Amendment's prohibition 
   against cruel and unusual punishment given the gravity of the crime, the 
   number of images he possessed and the nature of the images; defendant was 
   not entitled to a two-level offense reduction under Guidelines Sec. 
   2G2.2(b)(1) as he was involved in distribution of the images; no error in 
   imposing an enhancement under Guidelines Sec. 3C1.1 for obstruction of 
   justice where the court concluded defendant testified falsely and 
   willingly under oath. 
  
142317U.pdf   10/21/2014  United States  v.  Justin Halter
   U.S. Court of Appeals Case No:  14-2317
   U.S. District Court for the Southern District of Iowa - Davenport    
   [UNPUBLISHED] [Per Curiam - Before Wollman, Bye and Smith, Circuit Judges] 
   Criminal case - Criminal law and sentencing. The district court did not 
   abuse its discretion in concluding defendant had violated his supervised 
   release, and the sentence it imposed was not unreasonable