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.
133253P.pdf 03/25/2015 United States v. Fred Robinson U.S. Court of Appeals Case No: 13-3253 U.S. District Court for the Eastern District of Missouri - St. Louis [PUBLISHED] [Benton, Author, with Wollman and Colloton, Circuit Judges] Criminal case - Criminal law. Agents could reasonably rely on binding Supreme Court precedents permitting them to attach a tracking device to defendant's vehicle at the time they did so, and the GPS evidence in the case was properly admitted; counts alleging two different schemes for federal programs theft were not misjoined, as the evidence overlapped and evidence from each scheme would have been admissible in the separate trial of the other scheme; further, the court instructed the jury that each offense was a separate or different crime, thereby minimizing any prejudice; Batson claim rejected; instructions on theft concerning programs receiving federal funds were not erroneous, and the court properly rejected defendant's proposed instructions as they did not correctly state the applicable law; evidence was sufficient to support defendant's conviction for accepting wages for work not performed at his parking meter inspection job for the City of St. Louis as he was agent of the City government which received federal funds; below-Guidelines sentence was substantively reasonable; restitution order was not an abuse of discretion. 141567P.pdf 03/25/2015 Jose Torres v. Simpatico, Inc. U.S. Court of Appeals Case No: 14-1567 U.S. District Court for the Eastern District of Missouri - St. Louis [PUBLISHED] Wollman, Author, with Smith and Shepherd, Circuit Judges] Civil case - Arbitration. Arbitration provision in plaintiffs' franchise agreements was enforceable and was not unconscionable because of the costs associated with individual arbitration proceedings; argument that the agreements were unconscionable because they waived punitive or exemplary damages and attorneys' fees went to the merits of the dispute and were for the arbitrator to resolve; agreements were broad enough to permit non-signatory parties, as third party beneficiaries of the agreement, to invoke and enforce the arbitration provision. 141894P.pdf 03/25/2015 E3 Biofuels, LLC v. Biothane, LLC U.S. Court of Appeals Case No: 14-1894 U.S. District Court for the District of Nebraska - Omaha [PUBLISHED] [Gruender, Author, with Riley, Chief Judge, and Beam, Circuit Judge] Civil case - Negligence. The district court did not err in finding plaintiff's claims arising out of methane plant explosion were barred by Nebraska's two-year statute of limitations for professional negligence. 142563U.pdf 03/25/2015 Loren Reyna v. Darin Young U.S. Court of Appeals Case No: 14-2563 U.S. District Court for the District of South Dakota - Sioux Falls [UNPUBLISHED] [Per Curiam - Before Bye, Colloton and Shepherd, Circuit Judges] Prisoner case - Prisoner civil rights. Defendants' summary judgment affirmed without comment. 142992U.pdf 03/25/2015 United States v. Jesse Oziah U.S. Court of Appeals Case No: 14-2992 U.S. District Court for the Western District of Arkansas - Fayetteville [UNPUBLISHED] [Per Curiam - Before Bye, Colloton and Shepherd, Circuit Judges] Criminal case - Sentencing. Anders case. Sentence was not an abuse of the district court's discretion. 143035U.pdf 03/25/2015 United States v. Leopoldo Gamma-Deleon U.S. Court of Appeals Case No: 14-3035 and No: 14-3063 U.S. District Court for the Northern District of Iowa - Sioux City [UNPUBLISHED] [[Per Curiam - Before Wollman, Murphy and Gruender, Circuit Judges] Criminal case - Sentencing. Anders case. Sentences imposed by the district court upon the revocation of defendant's supervised release and his entry of a guilty plea on a new offense were not substantively unreasonable.