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.
132639U.pdf   08/21/2014  United States  v.  Michael Recker
   U.S. Court of Appeals Case No:  13-2639
   U.S. District Court for the Northern District of Iowa, Waterloo    
   [UNPUBLISHED] [Per Curiam - Before Loken, Beam and Gruender, Circuit 
   Criminal case - Sentencing. No error in imposing enhancements under 
   Guidelines Sec. 3C1.1 for obstruction of justice or Guidelines Sec. 4A1.3 
   for an understated criminal history; sentence was not substantively 
   unreasonable. Judge Gruender, concurring in part and concurring in the 
132653P.pdf   08/21/2014  John Miller  v.  Kevin Dugan
   U.S. Court of Appeals Case No:  13-2653
   U.S. District Court for the Western District of Arkansas - Ft. Smith    
   [PUBLISHED] [Colloton, Author, with Murphy and Kelly, Circuit Judges] 
   Civil case - Civil procedure. In a case where plaintiff accepted the 
   defendants' offer of judgment under Rule 68, any pre-judgment interest 
   plaintiff may have been entitled to on his state law tort claims was 
   encompassed in the judgment; no error in ruling on plaintiff's motion for 
   attorney's fees without a hearing; the amount awarded for attorney's fees 
   was not unreasonable; in setting an hourly rate for counsel, the district 
   court did not abuse its discretion by looking to the prevailing market 
   rate for civil rights litigation in the Fort Smith area; no abuse of 
   discretion in declining to award fees for various categories of work. 
132709P.pdf   08/21/2014  Geoffrey Varga  v.  U.S. Bank National Association
   U.S. Court of Appeals Case No:  13-2709
   U.S. District Court for the District of Minnesota - Minneapolis    
   [PUBLISHED] [Gruender, Author, with Loken and Beam, Circuit Judges] 
   Civil case. The liquidating trustee's claim the bank aided and abetted 
   tortious conduct by Palm Beach's directors failed because he did not 
   plausibly plead that the bank knew of and assisted a breach of fiduciary 
   duty by the directors; the bank had no duty to notify Palm Beach about the 
   flow of funds in and out of a collateral account and could not have been 
   negligent in the absence of a duty. 
133251P.pdf   08/21/2014  United States  v.  Joseph Meidel
   U.S. Court of Appeals Case No:  13-3251
   U.S. District Court for the Western District of Missouri - Jefferson City    
   [PUBLISHED] [Kelly, Author, with Bye and Colloton, Circuit Judges] 
   Criminal case - Criminal law. Under the totality of the circumstances, it 
   was reasonable for the arresting officers to believe that defendant posed 
   a threat to them and others which could only be neutralized by entering 
   his premises to secure him and his firearm; as a result the officers' 
   warrantless entry on defendant's property was justified by exigent 
133554U.pdf   08/21/2014  Francisco Berganza  v.  Eric H. Holder, Jr.
   U.S. Court of Appeals Case No:  13-3554
   Petition for Review of an Order of the Board of Immigration Appeals    
   [UNPUBLISHED] [Per Curiam - Before Bye, Smith and Kelly, Circuit Judges] 
   Petition for Review - Immigration. Omaha Immigration Court. Petition for 
   review denied without comment. 
141359U.pdf   08/21/2014  Desiree Kolbek  v.  Jeanne Estates Apts., Inc.
   U.S. Court of Appeals Case No:  14-1359
   U.S. District Court for the Western District of Arkansas - Texarkana    
   [UNPUBLISHED] [Per Curiam - Before Wollman, Gruender and Shepherd, Circuit 
   Civil case. District court did not abuse its discretion by declining to 
   exercise supplemental jurisdiction over plaintiff's state law claims after 
   her federal claims had been dismissed.