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Michael Recker U.S. Court of Appeals Case No: 13-2639 U.S. District Court for the Northern District of Iowa, Waterloo [UNPUBLISHED] [Per Curiam - Before Loken, Beam and Gruender, Circuit Judges] Criminal case - Sentencing.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 judgment. 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 circumstances. 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 Judges] 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.