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.
164520P.pdf   02/21/2018  Aerotek, Inc.  v.  NLRB
   U.S. Court of Appeals Case No:  16-4520
                          and No:  17-1206
   National Labor Relations Board    
   [PUBLISHED] [Shepherd, Author, with Gruender and Melloy, Circuit Judges] 
   Petition for Review - National Labor Relations Board. The Board did not 
   err in finding that Aerotek had violated the National Labor Relations Act 
   by not hiring or considering for hire four union members who had applied 
   to Aerotek to further a "salting" campaign in which they actively sought 
   to organize and recruit for the union on non-union jobsites; the four 
   men's applications were genuine, there were openings and anti-union animus 
   contributed to the refusal to hire; with respect to the Board's remedy for 
   the violation, the Board erred in ordering instatement and backpay for one 
   of the four union members as his actions in attempting to poach an Aerotek 
   client was not the kind of conduct pardoned or excused under the Board's 
   "unfit for further service" standard; remanded for further proceedings on 
   the appropriate remedy. 
164548U.pdf   02/21/2018  United States  v.  Reuben Stewart
   U.S. Court of Appeals Case No:  16-4548
   U.S. District Court for the Eastern District of Missouri - St. Louis    
   [UNPUBLISHED] [Per Curiam - Before Smith, Chief Judge, and Arnold and 
   Kelly, Circuit Judges] 
   Criminal case - Sentencing. Defendant's conviction for aggravated assault 
   under Fla. Stat. Section 784.021(1) was a violent felony under the Armed 
   Career Criminal Act. 
171218P.pdf   02/21/2018  Derrick Booth  v.  Wendy Kelley
   U.S. Court of Appeals Case No:  17-1218
   U.S. District Court for the Eastern District of Arkansas - Pine Bluff    
   [PUBLISHED] [Shepherd, Author, with Smith, Chief Judge, and Melloy, 
   Circuit Judge] 
   Prisoner case - Habeas. Counsel's failure to object to a fire 
   investigator's testimony that he had identified Booth as an arson suspect 
   in his investigation of a home fire was not ineffective assistance of 
   counsel as Arkansas's Rules of Evidence allow expert testimony on a fire's 
   origin and possible causes; the fire investigator did not testify that 
   defendant caused the fire, only that he developed Booth as a suspect based 
   on his investigation; such testimony was not unfounded speculation and did 
   not invade the province of the jury; as a result, counsel's failure to 
   challenge the testimony was not ineffective assistance; in any event, 
   Booth could not establish, in light of the evidence in the case, that he 
   was prejudiced by counsel's failure to object. 
171710P.pdf   02/21/2018  United States  v.  Corey Jones
   U.S. Court of Appeals Case No:  17-1710
   U.S. District Court for the Southern District of Iowa - Davenport    
   [PUBLISHED] [Melloy, Author, with Gruender and Shepherd, Circuit Judges] 
   Criminal case - Sentencing. The district court was fully cognizant of 
   defendant's request for a downward departure based on overstated criminal 
   history, as well as it authority to depart, and its decision not to will 
   not be reversed on the mere absence of a separate statement denying the 
   requested departure; defendant's two prior Illinois convictions for 
   violations of 720 Ill. Comp. Stat. 570/41 categorically qualified as 
   controlled substance offenses under Guidelines Sections 4B1.1 and 4B1.2.