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.
161485P.pdf 03/23/2017 United States v. Michael Evans U.S. Court of Appeals Case No: 16-1485 U.S. District Court for the Western District of Missouri - Kansas City [PUBLISHED] [Wollman, Author, with Riley and Kelly, Circuit Judges] Criminal case - Criminal case. The district court did not err in determining the police lacked probable cause to arrest defendant as the victim did not provide a positive identification sufficient to establish probable cause; defendant lacked essential defining physical features contained in the victim's description of her assailant and, together with subsequently developed information, these discrepancies were so important that they constituted a significant obstacle to finding probable cause; the district court did not err in suppressing the firearm seized during defendant's arrest. 162695P.pdf 03/23/2017 United States v. Marchello Rembert U.S. Court of Appeals Case No: 16-2695 U.S. District Court for the Northern District of Iowa, Waterloo [PUBLISHED] [Beam, Author, with Loken and Benton, Circuit Judges] Criminal case - Criminal law and sentencing. In this felon-in-possession prosecution, the district court did not err in admitting a Facebook video in which defendant is shown holding a firearm as the video was relevant to show knowing and intentional possession of the firearm in a vehicle at the time of his arrest; defendant's use of foul language in the video and the video's caption did not make its introduction unfairly prejudicial, especially where the district court gave an appropriate limiting instruction; defendant's argument that the revocation of his Extended Juvenile Jurisdiction for Minnesota aggravated robbery does not constitute an adult conviction for career-offender purposes is foreclosed by this court's decision in U.S. v. Nash, 627 F.3d 693 (8th Cir. 2010), and the court declines the invitation to overrule Nash. 163338U.pdf 03/23/2017 United States v. Roy Noles U.S. Court of Appeals Case No: 16-3338 U.S. District Court for the Western District of Missouri - Kansas City [UNPUBLISHED] [Per Curiam - Before Riley, Arnold and Colloton, Circuit Judges] Criminal case - Criminal law. Anders case. Defendant's plea agreement contained a valid and enforceable appeal waiver which covered defendant's sentencing issue, and the appeal is dismissed. 163353P.pdf 03/23/2017 Hassanin Aly v. Hanzada Import & Export, etc. U.S. Court of Appeals Case No: 16-3353 U.S. District Court for the Western District of Missouri - St. Joseph [PUBLISHED] [Benton, Author, with Smith, Chief Judge, and Gruender, Circuit Judge] Civil case - Civil procedure. Plaintiff, a U.S. citizen domiciled in Ohio, is a citizen of a state and defendant, a citizen of Egypt, is a citizen of a foreign state and these facts created diversity jurisdiction under 28 U.S.C. Sec. 1332(a); plaintiff's dual citizenship did not defeat jurisdiction; there were sufficient contacts with Missouri to permit the constitutional exercise of Missouri's long-arm statute; the district court did not err in rejecting defendant's statute of frauds defense as the parties' oral contract for indefinite period of time does not, under Missouri law, violate the statute.