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.
143437U.pdf   04/28/2016  United States  v.  Samuel Ford
   U.S. Court of Appeals Case No:  14-3437
   U.S. District Court for the Northern District of Iowa - Cedar Rapids    
   [UNPUBLISHED] [Per Curiam - Before Smith, Bye and Benton, Circuit Judges] 
   Criminal case - Sentencing. The mandatory life sentence provisions of 21 
   U.S.C. Sec. 841(b)(1)(A) applied to defendant's offense; the government 
   gave defendant notice that it would seek an increased punishment in 
   compliance with 21 U.S.C. Sec. 851(a); Eighth Amendment challenge to 
   mandatory life sentence rejected as the sentence is not an extreme 
   sentence that is grossly disproportionate to the crime. 
  
151226P.pdf   04/28/2016  Israel Felipe Lira Saldana  v.  Loretta E. Lynch
   U.S. Court of Appeals Case No:  15-1226
   Petition for Review of an Order of the Board of Immigration Appeals    
   [PUBLISHED] [Colloton, Author, with Loken and Murphy, Circuit Judges] 
   Petition for Review - Immigration. The Board of Immigration Appeals' 
   denial of asylum relief is affirmed on the alternative grounds that 
   petitioners failed to show, with respect to their claim of persecution by 
   a private actors, that the government of Mexico either condoned the 
   conduct or was unable to protect the victims; the record showed the police 
   acted on the complaints of home invasion and abduction and continued to 
   investigate the matters; further, the government of Mexico has devoted 
   substantial resources to controlling criminal organizations, such as the 
   Matazeta gang which committed crimes against petitioners' family; the 
   Board's conclusion that it was reasonable for petitioners to relocate 
   within Mexico to avoid a threat of persecution by the Matazetas was 
   supported by the evidence in the record; because the Board permissibly 
   rejected petitioners' claim for asylum, it follows they did not meet the 
   stricter requirements for withholding of removal; denial of CAT relief 
   affirmed. Judge Murphy, dissenting. 
  
151345U.pdf   04/28/2016  Eldon Bugg  v.  Cyril Gray
   U.S. Court of Appeals Case No:  15-1345
   Appeal from the Bankruptcy Appellate Panel for the Eighth Circuit    
   [UNPUBLISHED] [Per Curiam - Before Smith, Colloton and Shepherd, Circuit 
   Judges] 
   Civil case - Bankruptcy. Bankruptcy court's award of actual damages to 
   debtor for a violation of the automatic stay reversed; the stay respecting 
   his home had terminated by operation of law, and the BAP's determination 
   that the creditors had waived their right to enforce the section 362(e) 
   deadlines was erroneous as waiver is an affirmative defense and debtor 
   never raised it; the creditors did not violate the automatic stay by 
   taking possession of debtor's personal effects as the stay has been lifted 
   with respect to those items because they were divested from the estate, 
   prior to eviction, by debtor's claimed exemption for their full value; 
   there were no damages with respect to a seized truck, as the secured 
   creditor had filed an uncontested claim against the estate for the balance 
   due on the truck and debtor's co-signor has since reimbursed the creditor 
   for the full balance of the loan. 
  
151586P.pdf   04/28/2016  United States  v.  Jerry Golliher
   U.S. Court of Appeals Case No:  15-1586
   U.S. District Court for the District of South Dakota - Rapid City    
   [PUBLISHED] [Smith, Author, with Bye and Benton, Circuit Judges] 
   Criminal case - Criminal law. Claim of ineffective assistance of counsel 
   was not developed and would not be considered on direct appeal; defendant 
   failed to comply with the requirements of FRAP 28(a)(8)(A) with respect to 
   his claim that the district court erred in excluding certain emails by 
   failing to supply any citation to the record to show that the emails were 
   more probative than other evidence under the third prong of Rule 807, and 
   the court would not reverse on this issue; the district court did not 
   clearly err in answering the jury's question concerning the victim's age; 
   claims of prosecutorial misconduct (misstatements of law and improper 
   vouching) during closing argument rejected. 
  
151689U.pdf   04/28/2016  United States  v.  Ronald Roberts
   U.S. Court of Appeals Case No:  15-1689
   U.S. District Court for the Eastern District of Missouri - St. Louis    
   [UNPUBLISHED] [Per Curiam - Before Loken, Gruender and Kelly, Circuit 
   Judges] 
   Criminal case - Sentencing. On facts presented, the district court did not 
   err in imposing a two-level enhancement under Guidelines Sec. 3C1.1 for 
   obstruction of justice based on defendant's threat to a fraud victim after 
   she threatened to expose his offense. 
  
151771U.pdf   04/28/2016  United States  v.  Jamie Harvey
   U.S. Court of Appeals Case No:  15-1771
   U.S. District Court for the District of Minnesota - St. Paul    
   [UNPUBLISHED] [Per Curiam - Before Smith, Benton and Kelly, Circuit Judge] 
   Criminal case - Sentencing. Defendant's convictions for second-degree 
   assault under Minn. Stat. Section 609.222, subd.1 were violent felonies 
   for purposes of sentencing under 18 U.S.C. Section 924(e)(1). 
  
151811U.pdf   04/28/2016  Chase Hunter  v.  Jay Bradford
   U.S. Court of Appeals Case No:  15-1811
   U.S. District Court for the Eastern District of Arkansas - Little Rock    
   [UNPUBLISHED] [Per Curiam - Before Gruender, Arnold and Shepherd, Circuit 
   Judges] 
   Civil case. The district court did not abuse its discretion in denying 
   plaintiff's motion for appointment of counsel; the court lacks 
   jurisdiction over plaintiff's interlocutory appeal of the denial of her 
   motion for a TRO. 
  
152869U.pdf   04/28/2016  Victor Gomez  v.  Loretta E. Lynch
   U.S. Court of Appeals Case No:  15-2869
   Petition for Review of an Order of the Board of Immigration Appeals    
   [UNPUBLISHED] [Per Curiam - Before Wollman, Bowman and Murphy, Circuit 
   Judges] 
   Petition for Review - Immigration. The court lacks jurisdiction to review 
   the discretionary determination that petitioner had failed to establish an 
   exceptional and unusual hardship for cancellation of removal; as he must 
   establish this element, as well as the other three prerequisites for 
   cancellation, the adverse hardship determination is dispositive of his 
   claim. 
  
153751P.pdf   04/28/2016  Darnell Moon  v.  Federal Bureau of Prisons
   U.S. Court of Appeals Case No:  15-3751
   U.S. District Court for the Eastern District of Missouri - Cape Girardeau    
   [PUBLISHED] [Per Curiam - Before Benton, Arnold and Shepherd, Circuit 
   Judges] 
   Civil case - Freedom of Information Act. The district court erred in 
   dismissing plaintiff's FOIA action for failure to exhaust as FOIA is 
   silent as to whether exhaustion is a pleading requirement or an 
   affirmative defense; if an act is silent on this question, the general 
   practice is to treat it as an affirmative defense, and it was error to 
   dismiss for failing to plead exhaustion; the matter is remanded for 
   further proceedings.