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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.
164521U.pdf 04/13/2018 United States v. George Reed U.S. Court of Appeals Case No: 16-4521 U.S. District Court for the Eastern District of Missouri - Cape Girardeau [UNPUBLISHED] [Per Curiam - Before Smith, Chief Judge, and Arnold and Kelly, Circuit Judges] Criminal case - Sentencing. The district court considered the relevant 3553(a) factors in determining the appropriate sentence, including defendant's medical condition and medical needs; the Sentencing Commission's "Report to Congress: Career Offender Sentencing Enhancements" was not a pertinent policy statement with regard to career offenders within the meaning of Section 3553(a)(5)(A); the court made no factual findings with respect to defendant's financial status and the court's calculation of the advisory guidelines range came directly from undisputed facts in the PSR; the court adequately explained the basis for its sentence; within-guidelines range sentence was not substantively unreasonable. 171006U.pdf 04/13/2018 United States v. Tracy Smith U.S. Court of Appeals Case No: 17-1006 U.S. District Court for the Western District of Missouri - Springfield [UNPUBLISHED] [Per Curiam - Before Loken, Benton and Erickson, Circuit Judges] Criminal case - Sentencing. It is not a per se abuse of discretion for the district court to impose the maximum sentence available when some mitigating factors are present; here the court acknowledged the mitigating factors relied on by defendant but concluded a 600-month sentence was appropriate in light of the serious and egregious nature of her crimes against children; this decision was a reasonable weighing of the relevant 3553(a) factors. 171683P.pdf 04/13/2018 United States v. Daytoviane McLemore U.S. Court of Appeals Case No: 17-1683 and No: 17-1684 U.S. District Court for the Northern District of Iowa - Waterloo [PUBLISHED] [Loken, Author, with Wollman and Murphy, Circuit Judges] Criminal case - Criminal law. The district court did not err in suppressing the search of defendant's vehicle based on its conclusion that the police officers lacked reasonable suspicion or probable cause that the vehicle was being operated without a valid temporary registration card in violation of Iowa Code, Sections 312.25 and 321.98. 171785U.pdf 04/13/2018 Wa'il Muhannad v. Doug Peterson U.S. Court of Appeals Case No: 17-1785 U.S. District Court for the District of Nebraska - Omaha [UNPUBLISHED] [Per Curiam - Before Benton, Murphy and Kelly, Circuit Judges] Civil case - Civil rights. Dismissal of Section 1983 complaint affirmed without comment. 172903U.pdf 04/13/2018 David Hieb v. Chad Pringle U.S. Court of Appeals Case No: 17-2903 U.S. District Court for the District of North Dakota - Fargo [UNPUBLISHED] [Per Curiam - Before Benton, Murphy and Kelly, Circuit Judges] Prisoner case - Habeas. The district court did not err in determining that Heib's petition was time-barred under the provisions of 28 U.S.C. Sec. 2244(d)(1) and that he had failed to establish that he was entitled to equitable tolling.