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.
151930P.pdf 07/21/2016 Farrell Cherry v. Siemens Healthcare Diagnostics U.S. Court of Appeals Case No: 15-1930 U.S. District Court for the District of South Dakota - Rapid City [PUBLISHED] [Kelly, Author, with Riley, Chief Judge, and Colloton, Circuit Judge] Civil case - Employment discrimination. The record did not show a genuine issue of material fact as to defendant's liability under a cat's paw theory, and the district court did not err by proceeding to the McDonnell Douglas analysis; under the McDonnell Douglas analysis, the district court did not err in finding defendant had articulated a legitimate, non-discriminatory ground for plaintiff's discharge - a company-wide reduction in force - which plaintiff failed to show was a pretext for discrimination. 152765U.pdf 07/21/2016 United States v. Johnnie Long U.S. Court of Appeals Case No: 15-2765 U.S. District Court for the District of Minnesota - St. Paul [UNPUBLISHED] [Per Curiam - Before Riley, Chief Judge, and Colloton and Shepherd, Circuit Judges] Criminal case - Sentencing. The district court considered all of the relevant section 3553(a) factors when it determined defendant's sentence, addressed his arguments and imposed a substantively reasonable sentence. 152793U.pdf 07/21/2016 United States v. Fernando Salgado U.S. Court of Appeals Case No: 15-2793 U.S. District Court for the Eastern District of Arkansas - Little Rock [UNPUBLISHED] [Per Curiam - Before Gruender, Bright and Kelly, Circuit Judges] Criminal case - Sentencing. Sentence imposed after defendant assaulted a fellow inmate was not substantively unreasonable. Judge Gruender, concurring. 153673U.pdf 07/21/2016 Mark Parker v. Thurston County, Nebraska U.S. Court of Appeals Case No: 15-3673 U.S. District Court for the District of Nebraska - Omaha [UNPUBLISHED] [Per Curiam - Before Loken, Benton, and Kelly, Circuit Judges] Civil case - civil rights. The district court did not err in dismissing the complaint as time-barred under Nebraska's four-year statute of limitations. 153806U.pdf 07/21/2016 United States v. Tony Bess U.S. Court of Appeals Case No: 15-3806 U.S. District Court for the Eastern District of Missouri - St. Louis [UNPUBLISHED] [Per Curiam - Before Smith, Gruender and Benton, Circuit Judges] Criminal case - Sentencing. On appeal defendant challenges the district court's armed-career-criminal determination. Missouri Revised Statute Section 569.010(2) covers a broader range of conduct than generic burglary and therefore does not qualify categorically as a violent felony; however, defendant's burglary convictions may qualify as predicate offenses under the modified categorical approach, and the case must be remanded for further consideration under Mathis v. United States, 579 U.S.---, (U.S. June 23, 2016)which holds that the modified categorical approach is available when a statute lists alternative elements and thus defines separate crimes; on remand, in resolving the issue of whether the alternative phrases listed in the Missouri statute are elements or means, the district court may hear any evidence it could have heard at the first sentencing proceeding. 161432P.pdf 07/21/2016 United States v. Emily Protsman U.S. Court of Appeals Case No: 16-1432 U.S. District Court for the Northern District of Iowa - Cedar Rapids [PUBLISHED] [Shepherd, Author, with Riley, Chief Judge, and Murphy, Circuit Judge] Criminal case - Criminal case. The district court did not err in finding defendant had violated the provisions of her supervised release; the district court weighed the practicalities of the situation and the reliability of the evidence and did not err in admitting testimony from the probation officer regarding an Arizona investigation of a fraudulent money transfer to defendant's account; no error in admitting the transferring bank's records under the Fed. R. Crim. P.32.1(b)(2)(C) balancing test.