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.
152781P.pdf 12/01/2016 Sarah Brooks v. City of Des Moines U.S. Court of Appeals Case No: 15-2781 U.S. District Court for the Southern District of Iowa - Des Moines [PUBLISHED] [Benton, Author, with Loken and Beam, Circuit Judges] Civil case - Automated Traffic Enforcement Systems. The driver-plaintiffs all received a notice of a traffic violation and this established injury in fact for standing purposes; since concurrent jurisdiction for municipal infractions is not irreconcilable with Iowa state law, the drivers failed to state a claim for violation of Iowa Code Section 602.6101; claim that the ordinance improperly delegates powers is rejected on the basis of Section V of this court's opinion in No. 15-2703 Hughes v. City of Cedar Rapids (8th Cir. 2016); a provision for an optional administrative hearing - itself appealable de novo to the state district court - is not irreconcilable with Iowa Code Section 364.22(6); claims the system violates federal civil rights dismissed pursuant to Section III.B and Part IV of Hughes; claim the City's violation of IDOT rules states a claim under the Iowa Constitution should be dismissed without prejudice under Section IV.C of Hughes; claim of unjust enrichment dismissed under Part V of Hughes. 161034U.pdf 12/01/2016 United States v. Mark W. Jones U.S. Court of Appeals Case No: 16-1034 U.S. District Court for the District of Minnesota - Minneapolis [UNPUBLISHED] [Per Curiam - Before Shepherd, Arnold and Kelly, Circuit Judges] Civil case - Federal Tax. Judgment authorizing sale of property to satisfy tax liability affirmed without comment. 161525P.pdf 12/01/2016 United States v. Damien Morgan U.S. Court of Appeals Case No: 16-1525 U.S. District Court for the Eastern District of Missouri - St. Louis [PUBLISHED] [Benton, Author, with Loken and Gruender, Circuit Judges] Criminal case - Criminal law and sentencing. 75-day delay in issuance of search warrant did not render the information stale in this computer-based child-pornography case as collectors of these materials tend to retain the images for long periods of time; defendant had no reasonable expectation of privacy in his cell-phone screen after he made it visible by publicly displaying it the presence of a detective; defendant agreed to lift his sleeve to permit a photo of a distinguishing tattoo, and the motion to suppress the photo was properly denied; no error in imposing a four-level enhancement under Guidelines Sec. 2G2.1(b)(4) for possession of materials displaying sadistic content as any image depicting the penetration of a minor's vagina is per se sadistic under this court's cases; district court correctly ruled that attempted production of child pornography is a crime under Chapter 110 of Title 18 and it did not err in imposing a five-level enhancement under Guidelines Sec. 4B1.5(b). 162010U.pdf 12/01/2016 United States v. York Wilson U.S. Court of Appeals Case No: 16-2010 U.S. District Court for the Western District of Missouri - Kansas City [UNPUBLISHED] [Per Curiam - Before Shepherd, Arnold and Kelly, Circuit Judges] Criminal case - Criminal law and sentencing. Anders case. The district court did not err in determining defendant had violated the provisions of his supervised release and the sentence it imposed was substantively reasonable. 162087U.pdf 12/01/2016 United States v. Ernest Britten U.S. Court of Appeals Case No: 16-2087 U.S. District Court for the Western District of Missouri - Joplin [UNPUBLISHED] [Per Curiam - Before Shepherd, Arnold and Kelly, Circuit Judges] Criminal case - Sentencing. Anders case. Defendant's appeal was barred by the appeal waiver in his written guilty plea;the waiver is enforced and the appeal is dismissed.