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.
161256P.pdf   06/21/2017  Luis Mendoza-Saenz  v.  Jefferson B. Sessions, III
   U.S. Court of Appeals Case No:  16-1256
   Petition for Review of an Order of the Board of Immigration Appeals    
   [PUBLISHED] [Per Curiam - Before Loken, Colloton and Kelly, Circuit 
   Judges] 
   Petition for Review - Immigration. Petitioner's probation, community 
   service and fines constituted court-imposed penalties under 8 U.S.C. 
   Section 1101(a)(48), and the BIA did not err in affirming the IJ's finding 
   that petitioner has a conviction for aggravated forgery, a crime involving 
   moral turpitude, and that he was ineligible for cancellation of removal. 
  
161914P.pdf   06/21/2017  United States  v.  George Thunderhawk
   U.S. Court of Appeals Case No:  16-1914
   U.S. District Court for the District of North Dakota - Bismarck    
   [PUBLISHED] Loken, Author, with Colloton and Kelly, Circuit Judges] 
   Criminal case - Restitution. For the court's prior opinion in the matter, 
   see United States v. Thunderhawk, 799 F.3d 1203 (8th Cir. 2015). The 
   district court gave defendant notice at sentencing that restitution would 
   be ordered and scheduled a hearing regarding the amount; the court stayed 
   the hearing pending final resolution of defendant's appeal, and then 
   issued a restitution order after this court issued its mandate; where 
   defendant had notice that restitution would be required and the delay did 
   not prejudice him, the restitution order was not an abuse of the district 
   court's discretion; the evidence was sufficient to show that defendant's 
   actions were the proximate cause of defendant's medical costs; the 
   district court did not err in directing defendant and the Probation Office 
   to develop a suitable schedule of payments when he is released; this order 
   is not an improper delegation of judicial authority because the plan will 
   be subject to judicial review and approval. 
  
162195U.pdf   06/21/2017  Robert Brown  v.  Virgil Griffin
   U.S. Court of Appeals Case No:  16-2195
   U.S. District Court for the Eastern District of Arkansas - Jonesboro    
   [UNPUBLISHED] [Per Curiam - Before Benton, Bowman and Shepherd, Circuit 
   Judges] 
   Civil case - Appellate Procedure. The order appealed from did not dispose 
   of all defendants and the appeal was, therefore, premature; defendant 
   failed to file a new notice of appeal after the entry of judgment 
   disposing of the claims, and his premature appeal is not saved by FRAP 
   4(a)(2); dismissed for lack of jurisdiction. 
  
162282U.pdf   06/21/2017  Nicholas Dereschuk  v.  Nancy A. Berryhill
   U.S. Court of Appeals Case No:  16-2282
   U.S. District Court for the District of Minnesota - Minneapolis    
   [UNPUBLISHED] [Per Curiam - Before Loken, Murphy and Benton, Circuit 
   Judges] 
   Civil case - Social Security. The ALJ's determination that claimant 
   retained the Residual Functional Capacity to perform sedentary work, with 
   certain limitations, was supported by substantial evidence and the denial 
   of benefits is affirmed without further comment. 
  
162818P.pdf   06/21/2017  Timothy Gilkerson  v.  Nebraska Colocation Centers
   U.S. Court of Appeals Case No:  16-2818
   U.S. District Court for the District of Nebraska - Omaha    
   [PUBLISHED] [Beam, Author, with Benton and Murphy, Circuit Judges] 
   Civil case - Contracts. Applying Nebraska's two-part test for determining 
   whether a contract was voidable as the product of duress, the district 
   court erred in granting the employer summary judgment based on a finding 
   that the mutual rescission and term sheet plaintiff signed was not unjust 
   and voidable as a product of duress given the alleged pressure brought to 
   bear on plaintiff to sign the mutual rescission and term sheet; in light 
   of this finding the question of whether the threat of termination would 
   support a claim of duress is remanded for further proceedings; given the 
   court has held that summary judgment on plaintiff's claim for breach of 
   contract was improper, the dismissal of plaintiff's Wage Payment and 
   Collection Act claim was also improper. 
  
163214U.pdf   06/21/2017  Iris Jaibal-Ayala  v.  Jefferson B. Sessions, III
   U.S. Court of Appeals Case No:  16-3214
   Petition for Review of an Order of the Board of Immigration Appeals    
   [UNPUBLISHED] [Per Curiam - Before Loken, Arnold and Murphy, Circuit 
   Judges] 
   Petition for Review - Immigration. The IJ and BIA did not err in finding 
   that petitioner failed to establish past persecution; the threats to her 
   family, while disturbing, were never fulfilled and were not so menacing as 
   to, without more, constitute past persecution. 
  
163331U.pdf   06/21/2017  United States  v.  Craig Burns
   U.S. Court of Appeals Case No:  16-3331
   U.S. District Court for the Northern District of Iowa - Dubuque    
   [UNPUBLISHED] [Per Curiam - Before Colloton, Beam and Benton, Circuit 
   Judges] 
   Criminal case - Criminal law and sentencing. District court adequately 
   considered the 3553(a) factors and provided an adequate explanation for 
   its sentencing decision; imposition of a sentence within the recommended 
   guidelines range was not substantively unreasonable. 
  
163415U.pdf   06/21/2017  NLRB  v.  EYM King of Missouri, LLC
   U.S. Court of Appeals Case No:  16-3415
   National Labor Relations Board    
   [UNPUBLISHED] [Per Curiam - Before Gruender, Murphy and Kelly, Circuit 
   Judges] 
   Petition for Enforcement - National Labor Relations Board. Substantial 
   evidence supported the Board's determination that EYM refused to hire an 
   applicant because of his participation in protected labor activities, in 
   violation of Section 8(a)(1) and (3) of the National Labor Relations Act. 
  
163433P.pdf   06/21/2017  North Memorial Health Care  v.  National Labor Relations Board
   U.S. Court of Appeals Case No:  16-3433
                          and No:  16-3657
   National Labor Relations Board    
   [PUBLISHED] [Murphy, Author, with Benton and Beam, Circuit Judge] 
   Petition for Review - National Labor Relations Board. The Board's 
   determination that the employer violated Section 8(a)(1) by interfering 
   with nonemployee union representatives' use of the hospital cafeteria on 
   three separate dates is affirmed; substantial evidence supported the 
   Board's determination that the hospital had a past practice of allowing 
   nonemployee union representatives to use the cafeteria so long as their 
   conduct did not rise to the level of a meeting, and the evidence supported 
   the Board's determination that the hospital unilaterally changed its past 
   practices when it interfered with cafeteria access by nonunion 
   representatives; the petition for review of the Board's finding that the 
   unilateral change in access violated Section 8(a)(5) is denied; the 
   hospital's surveillance of two nonunion representative violated Section 
   8(a)(1); substantial evidence supports the Board's determination that the 
   hospital violated the National Labor Relations Act by prohibiting its 
   employee from wearing union insignia in the hospital's atrium on a day of 
   informational picketing; the Board erred, though, in determining that this 
   protection extended to a nonemployees wearing the insignia and the 
   hospital did not violate the Act when it prohibited two nonemployees from 
   wearing the union insignia on its premises. Judge Beam, dissenting. 
  
163840U.pdf   06/21/2017  United States  v.  Tiffany Zerley
   U.S. Court of Appeals Case No:  16-3840
   U.S. District Court for the District of Nebraska - Omaha    
   [UNPUBLISHED] [Per Curiam - Before Benton, Bowman and Shepherd, Circuit 
   Judges] 
   Criminal case - Sentencing. Anders case. Defendant's sentence was not 
   substantively unreasonable.