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.
132388P.pdf   08/27/2014  Patricia Davis  v.  J. Ricketts
   U.S. Court of Appeals Case No:  13-2388
   U.S. District Court for the District of Nebraska - Omaha    
   [PUBLISHED] [Shepherd, Author, with Riley, Chief Judge, and Beam, Circuit 
   Judge] 
   Civil case - Employment discrimination. Although plaintiffs produced 
   evidence establishing common control and financial backing for defendants 
   OEF and Hugo, this was not sufficient to establish that the defendant 
   companies were a single employer or overcome the strong presumption of 
   organizational separateness; as a result, plaintiffs failed to show the 
   companies were single, integrated entity for Title VII purposes; since 
   their employer did not, as a separate entity, meet the statutory 
   numerosity requirement, their Title VII and Nebraska Fair Employment 
   Practices Act claims failed, and the district court did not err in 
   granting defendants' motion for summary judgment; plaintiffs failed to 
   properly plead a claim of tortious interference under Nebraska law against 
   defendant Ricketts, and the district court did not err in dismissing the 
   claim. Chief Judge Riley, concurring in part and dissenting in part. 
  
133215P.pdf   08/27/2014  United States  v.  Shirley Schmitt
   U.S. Court of Appeals Case No:  13-3215
   U.S. District Court for the Northern District of Iowa - Sioux City    
   [PUBLISHED] [Per Curiam - Before Benton, Melloy and Shepherd, Circuit 
   Judges] 
   Criminal case - Sentencing. The district court did not err in determining 
   defendant's 2008 conviction for buying illegal amounts of pseudoephedrine 
   was not relevant conduct to the current conviction, and the court did not 
   err in imposing a point for the prior conviction, thereby disqualifying 
   defendant for safety-valve relief. 
  
133281U.pdf   08/27/2014  United States  v.  Charles Hendricks
   U.S. Court of Appeals Case No:  13-3281
   U.S. District Court for the Eastern District of Arkansas - Little Rock    
   [UNPUBLISHED] [Per Curiam - Before Benton, Melloy and Shepherd, Circuit 
   Judges] 
   Criminal case - Criminal law. The district court did not err in crediting 
   the arresting trooper's testimony that defendant's vehicle was impeding 
   traffic and since there was probable cause for a traffic stop, the 
   resulting evidence and statements were lawfully obtained. 
  
133476P.pdf   08/27/2014  United States  v.  April Tillman
   U.S. Court of Appeals Case No:  13-3476
   U.S. District Court for the Northern District of Iowa, Waterloo    
   [PUBLISHED] [Benton, Author, with Melloy and Shepherd, Circuit Judges] 
   Criminal case - Criminal law. Evidence was sufficient to support 
   defendant's conviction for conspiracy to distribute and possess at least 
   one kilogram of heroin; district court did not abuse its discretion by 
   rejecting defendant's request for a buyer-seller instruction as it was not 
   supported by the evidence, which showed that the conspiracy spanned years, 
   with multiple transactions and customers; defendant jointly proposed the 
   instruction on drug quantity and could not now claim it was erroneous. 
  
133650P.pdf   08/27/2014  Reggie Matthews  v.  United States
   U.S. Court of Appeals Case No:  13-3650
   U.S. District Court for the Eastern District of Missouri - Cape Girardeau    
   [PUBLISHED] [Benton, Author, with Melloy and Shepherd, Circuit Judges] 
   Criminal case - Forfeiture. In claim brought by the driver of a car from 
   which $412,900 was seized, the petition did not explain the nature and 
   extent or circumstances of Matthews' possession of the funds as required 
   by 21 U.S.C. Sec. 853(n)(3), and his petition was, therefore, statutorily 
   insufficient and did not state a legal interest in the funds; the district 
   court properly ruled Matthews did not meet the statutory requirements and 
   the court did not err in dismissing his petition. 
  
133705U.pdf   08/27/2014  United States  v.  Demetrius Hardiman
   U.S. Court of Appeals Case No:  13-3705
   U.S. District Court for the Northern District of Iowa - Cedar Rapids    
   [UNPUBLISHED] [Per Curiam - Before Benton, Melloy and Shepherd, Circuit 
   Judges] 
   Criminal case - Sentencing. The district court did not err in denying 
   defendant's request for an acceptance-of-responsibility reduction where it 
   found he had made untrue statements at allocution; within-Guidelines 
   sentence was not unreasonable 
  
141129P.pdf   08/27/2014  United States  v.  James Milliner
   U.S. Court of Appeals Case No:  14-1129
   U.S. District Court for the Eastern District of Missouri - St. Louis    
   [PUBLISHED] [Per Curiam - Before Benton, Melloy and Shepherd, Circuit 
   Judges] 
   Criminal case - Criminal law. Challenges to wiretaps rejected as the 
   wiretaps were necessary to shed light on the full scope of the conspiracy 
   and the government had failed to obtain the necessary information through 
   other investigative techniques; evidence was sufficient to support 
   defendant's conspiracy conviction. 
  
141404U.pdf   08/27/2014  United States  v.  Kenneth Gragg
   U.S. Court of Appeals Case No:  14-1404
   U.S. District Court for the Northern District of Iowa - Cedar Rapids    
   [UNPUBLISHED] [Per Curiam - Before Benton, Melloy and Shepherd, Circuit 
   Judges] 
   Criminal case - Criminal law. Evidence furnished in support of the warrant 
   application was sufficient to establish probable cause to search 
   defendant's home. 
  
141677U.pdf   08/27/2014  United States  v.  Toby Young Bear
   U.S. Court of Appeals Case No:  14-1677
   U.S. District Court for the District of North Dakota - Bismarck    
   [UNPUBLISHED] [Per Curiam - Before Wollman, Gruender and Shepherd, Circuit 
   Judges] 
   Criminal case - Sentencing. Appeal from the four-month sentence imposed 
   upon the revocation of defendant's supervised release was mooted by his 
   release from custody.