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.
153523P.pdf 02/24/2017 Christopher Martin v. John Fayram U.S. Court of Appeals Case No: 15-3523 U.S. District Court for the Southern District of Iowa - Des Moines [PUBLISHED] [Murphy, Author, with Loken and Kelly, Circuit Judges] Prisoner case - Habeas. Martin's conviction was the relevant judgment under 28 U.S.C. Sec.2244(d)(1)(A) and that conviction became final for determining the relevant AEDPA filing period at the conclusion of his direct appeal; all of the vital facts underlying Martin's claims were known to him before the conclusion of his direct appeal, and an argument that the factual predicate for his ineffective assistance of counsel claims arose during the state post-conviction proceedings, thereby triggering AEDPA's limitation period is rejected; this habeas was, therefore, untimely, and there were no extraordinary circumstances justifying equitably tolling the filing period; the district court did not err by requiring Martin to waive any claims against his counsel without providing independent counsel as any argument for tolling based on counsel's pre-filing conduct would have been close to frivolous. Judge Kelly, dissenting. 161216U.pdf 02/24/2017 Lora Hamman v. Carolyn W. Colvin U.S. Court of Appeals Case No: 16-1216 U.S. District Court for the Eastern District of Arkansas - Batesville [UNPUBLISHED] [Per Curiam - Before Colloton, Murphy and Melloy, Circuit Judges] Civil case - Social Security. The ALJ did not err in refusing to give the treating physician's opinion controlling weight as it was not fully supported or consistent with other substantial evidence in the record; credibility finding was supported by substantial evidence. Judge Melloy, dissenting. 161266P.pdf 02/24/2017 United States v. Dontre D'Sean McHenry U.S. Court of Appeals Case No: 16-1266 U.S. District Court for the District of Minnesota - St. Paul [PUBLISHED] [Loken, Author, with Smith and Colloton, Circuit Judges] Criminal case - Criminal law and sentencing. Officers investigating sex trafficking of a minor had a good faith belief that exigent circumstances justified a request to the phone carrier to disclose subscriber information and to conduct GPS tracking of the number, as authorized by the Storage Communications Act; defendant's claim that counsel had failed to prepare him for the change-of-plea hearing was belied by the transcript and the district court did not err in rejecting defendant's claim that this justified withdrawal of his guilty plea; no error in imposing an enhancement for obstruction of justice under Guidelines Sec. 3C1.1 where defendant attempted to contact the victim in order to manipulate and influence her testimony; no error in denying an acceptance-of-responsibility reduction under Guidelines Sec. 3E1.1(a) as defendant's attempt to withdraw his plea showed he did not accept responsibility; sentence was not substantively unreasonable. 162516U.pdf 02/24/2017 United States v. Walter Sorrells U.S. Court of Appeals Case No: 16-2516 U.S. District Court for the Western District of Missouri - Kansas City [UNPUBLISHED] [Per Curiam - Before Colloton, Arnold and Kelly, Circuit Judges] Criminal case. Anders case. Defendant's appeal waiver is enforceable and applies to the issues he raises in this appeal; the appeal is therefore dismissed. 162586U.pdf 02/24/2017 United States v. Alberto Sanchez U.S. Court of Appeals Case No: 16-2586 U.S. District Court for the Northern District of Iowa - Sioux City [UNPUBLISHED] [Per Curiam - Before Smith, Arnold and Colloton, Circuit Judges] Criminal case - Criminal law and sentencing. Anders case. Evidence was sufficient to support defendant's drug conspiracy conviction; no clear error in either the court's drug quantity calculation or its decision to impose an aggravating-role enhancement; sentence was substantively reasonable. 162669U.pdf 02/24/2017 United States v. Patrick Rogers U.S. Court of Appeals Case No: 16-2669 U.S. District Court for the Western District of Missouri - Kansas City [UNPUBLISHED] [Per Curiam - Before Colloton, Arnold and Kelly, Circuit Judges] Criminal case - Sentencing. Anders case. Defendant's appeal waiver is enforceable and applies to the issues he raises in this appeal; the appeal is dismissed. 166029P.pdf 02/24/2017 Sweetwater Cattle Co. v. Leigh Murphy, etc. U.S. Court of Appeals Case No: 16-6029 U.S. Bankruptcy Court for the District of Nebraska - Omaha [PUBLISHED] [Federman, Author, with Kressel and Shodeen, Bankruptcy Judges] Bankruptcy Appellate Panel. Title to cattle passed from Murphy to debtor and Sweetwater's after-acquired property lien attached to the cattle and was superior to Murphy's right to reclaim the cattle after debtor's checks were dishonored; defects in the bill of sale did not prevent the transfer of ownership; title to the cattle did not revest in the seller and his rights were limited to reclamation procedures; Sweetwater was a good faith purchaser.