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.
153538P.pdf 02/22/2017 Brian Knowlton v. Anheuser-Busch Companies U.S. Court of Appeals Case No: 15-3538 and No: 15-3851 U.S. District Court for the Eastern District of Missouri - St. Louis [PUBLISHED] [Riley, Author, with Murphy and Smith, Circuit Judges] Civil case - ERISA. In action by former Sea World employees claiming they were entitled to enhanced pension benefits under the defendant's salaried employee pension plan, the district court correctly determined that Section 19.11(f) of the plan entitled plaintiffs to enhanced pension benefit; this decision is in accord with the Sixth Circuit's interpretation of the provision in Adams v. Anheuser-Busch Cos., 758 F.3d 743 (6th Cir. 2014); with respect to plaintiff's cross-appeal, asserting the district court erred by failing to make individual calculations of the enhanced benefits owed to individual members of the class, the district court erred in concluding that plaintiff's complaint sought only a declaration that Section 19.11(f) applied, as their complaint made a sufficient request for an actual award of certain benefits with the application of the enhanced benefit; therefore, the matter of the calculation of benefits is reversed and remanded with instructions to reconsider the plaintiff's prayer for relief and, to the extent requested and provable, calculate and award the benefits owed to plaintiffs by applying Section 19.11(f); finally, on remand, the district court should reconsider whether certain records concerning the absentee class members will assist in its calculation of the requested benefits. 153649P.pdf 02/22/2017 United States v. Michael Huyck U.S. Court of Appeals Case No: 15-3649 and No: 15-3652 U.S. District Court for the District of Nebraska - Omaha [PUBLISHED] [Gruender, Author, with Colloton and Beam, Circuit Judges] Criminal case - Criminal law. There was probable cause, based on information showing defendant had accessed "Pedoboard," a secret or hidden bulletin board trafficking in child pornography, to support the issuance of a warrant for his home and computers; no error in admitting evidence that defendant used a program called "downthemall" to efficiently download content from websites when he was charged with accessing and receiving child pornography; no error in admitting evidence concerning the Onion Pedo Video Archive as it was relevant to defendant's knowledge of the Tor network used to access Pedoboard and his intent to view child pornography; the evidence was sufficient to support defendant's convictions for receipt, viewing and possessing child pornography; inconsistent responses on the verdict forms did not require the granting of a new trial as the evidence was sufficient on the counts on which defendant was convicted. 153954P.pdf 02/22/2017 United States v. Larry Mikawa U.S. Court of Appeals Case No: 15-3954 U.S. District Court for the Western District of Missouri - Kansas City [PUBLISHED] [Kelly, Author, with Riley, Chief Judge, and Wollman, Circuit Judge] Criminal case - Criminal law. Where the defendant had been found not guilty by reason of insanity and had been civilly committed for care and treatment under 18 U.S.C. Sec. 4243, the district court did not err in denying his request for conditional release based on its finding he continued to present a substantial risk of danger to other persons or property. 161416P.pdf 02/22/2017 United States v. Bruce Swisshelm U.S. Court of Appeals Case No: 16-1416 U.S. District Court for the Western District of Missouri - Springfield [PUBLISHED] [Wollman, Author, with Riley, Chief Judge, and Kelly, Circuit Judge] Criminal case - Sentencing (Government Appeal). Defendant concedes that he violated the plea agreement by asking for a below-guidelines sentence; the breach affected the district court's decision and the matter is remanded for resentencing before a different judge. 161423U.pdf 02/22/2017 United States v. Fredrick Graham U.S. Court of Appeals Case No: 16-1423 U.S. District Court for the Eastern District of Missouri - St. Louis [UNPUBLISHED] [Per Curiam - Before Wollman, Smith and Benton, Circuit Judges] Criminal case - Criminal law. In a felon-in-possession prosecution, the district court did not err in admitting evidence of defendant's 2009 firearms-related arrest as it was relevant to show knowledge and intent; further, the evidence was not unfairly prejudicial and the court twice instructed the jury on the limited purpose of such evidence; no error in rejecting defendant's proposed instruction on implicit racial bias. 161884P.pdf 02/22/2017 United States v. Charles Bacon U.S. Court of Appeals Case No: 16-1884 U.S. District Court for the Western District of Missouri - Springfield [PUBLISHED] [Per Curiam - Before Riley, Chief Judge, and Smith and Benton, Circuit Judges] Criminal case - Sentencing. The district court carefully considered the relevant Guidelines factors, including public protection, the need to promote respect for the law, as well as defendant's continuing disrespect for the law, and it did not abuse its discretion by varying upward. 161970P.pdf 02/22/2017 United States v. Steven Petersen U.S. Court of Appeals Case No: 16-1970 U.S. District Court for the Northern District of Iowa - Cedar Rapids [PUBLISHED] [Riley, Author, with Loken and Benton, Circuit Judges] Criminal case - Criminal law and sentencing. The evidence was sufficient to show defendant violated the terms of his supervision by committing the new offense of soliciting an aggravated misdemeanor; sentence imposed was not substantively unreasonable. 163194U.pdf 02/22/2017 United States v. Jeffery Gbor U.S. Court of Appeals Case No: 16-3194 U.S. District Court for the District of Minnesota - St. Paul [UNPUBLISHED] [Per Curiam - Before Smith, Bowman and Benton, Circuit Judges] Criminal case - Sentencing. Anders case. The restitution order in the matter was not plainly erroneous; the court would not consider claims of ineffective assistance of counsel in this direct appeal.