OPINIONS ARE POSTED DAILY BETWEEN 10:00 and 11:00 a.m. Today is: [ Wednesday August 24, 2016 ] The most recent opinions are for: [ 08/24/2016 ]  
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.
151900P.pdf  08/24/2016  John Watson, V  v.  Air Methods Corporation
   U.S. Court of Appeals Case No:   15-1900
   U.S. District Court for the Eastern District of Missouri - St. Louis   
[PUBLISHED] [Per Curiam - Before Wollman, Melloy and Colloton, Circuit Judges] Civil case - Employment law. Plaintiff's common-law tort action for wrongful discharge in violation of public policy was properly dismissed based on the preemption provision of the Airline Deregulation Act, see Botz v. Omni Air International, 286 F.3d 488 (8th Cir. 2002); while this case has been criticized in other circuits' opinions, one panel cannot overturn another, and any request for reexamination of the decision should be made in a petition for rehearing en banc.
152156P.pdf  08/24/2016  United States  v.  Jennifer Jensen
   U.S. Court of Appeals Case No:   15-2156
   U.S. District Court for the Southern District of Iowa - Des Moines   
[PUBLISHED] [Shepherd, Author, with Bright and Murphy, Circuit Judges] Criminal case - Sentencing. The district court did not err in imposing an enhancement for obstruction of justice under Guideline Sec. 3C1.1 where defendant instructed the victim of her boyfriend's sexual abuse not to talk about defendant's involvement in the offense; nor did the court err in denying an acceptance-of-responsibility reduction where defendant repeatedly lied to investigators and refused to admit her involvement in the offenses committed by her boyfriend; any error regarding the enhancement and the reduction were harmless in light of district court's statement that anything less than the statutory maximum would not be appropriate. Judge Bright, concurring.
152280U.pdf  08/24/2016  United States  v.  Tut Gach Keuk
   U.S. Court of Appeals Case No:   15-2280
   U.S. District Court for the District of South Dakota - Sioux Falls   
[UNPUBLISHED] [per Curiam - Before Wollman, Loken and Benton, Circuit Judges] Criminal case - Sentence. Sentence imposed upon the revocation of defendant's supervised release was not substantively unreasonable.
152460P.pdf  08/24/2016  Lacey Reece  v.  Carolyn Colvin
   U.S. Court of Appeals Case No:   15-2460
   U.S. District Court for the Eastern District of Arkansas - Jonesboro   
[PUBLISHED] [Kelly, Author, with Loken and Gruender, Circuit Judges] Civil case - Social Security. The ALJ did not err in discounting the treating physician's opinion based on the other evidence in the record, including claimant's daily activities and the objective medical evidence in the case, including the consulting physician's report.
152915P.pdf  08/24/2016  Jasper Mays  v.  Hamburg School District
   U.S. Court of Appeals Case No:   15-2915
   U.S. District Court for the Western District of Arkansas - El Dorado   
[PUBLISHED] [[Smith, Author, with Gruender and Benton, Circuit Judges] Civil case - School Desegregation. The district court did not err in approving the modification of the "gifted and talented" provisions of the consent decree in the matter to permit the closing of a school in light of drastic changes in the district's and the school's population and enrollment and the serious financial impact of continuing to operate the school; further a drop-off in student participation in the "gifted and talented" program supported the modification; finally, the proposed modification to the consent decree was suitably tailored to address the change in circumstances.
153129P.pdf  08/24/2016  Tuwane English  v.  United States
   U.S. Court of Appeals Case No:   15-3129
   U.S. District Court for the Northern District of Iowa - Sioux City   
[PUBLISHED] [Loken, Author, with Wollman and Benton, Circuit Judges] Prisoner case - Habeas. English filed his habeas petition on an untimely basis and failed to establish that he was entitled to equitable tolling because he did not show that he took reasonable steps to diligently pursue his rights.
153760P.pdf  08/24/2016  United States  v.  Pierre Starks
   U.S. Court of Appeals Case No:   15-3760
                          and No:   15-3844
   U.S. District Court for the Eastern District of Missouri - St. Louis   
[PUBLISHED] [Murphy, Author, with Riley, Chief Judge, and Smith, Circuit Judge] Criminal case - Sentencing. The district court did not determine whether Starks' untimely notice of appeal was the result of excusable neglect or good cause, and the matter is remanded to the district court with directions to make such a determination and advise this court of its findings.
161060U.pdf  08/24/2016  United States  v.  Tracy Vaughn
   U.S. Court of Appeals Case No:   16-1060
   U.S. District Court for the District of Nebraska - Omaha   
[UNPUBLISHED] [Per Curiam - Before Wollman, Arnold and Murphy, Circuit Judges] Criminal case - Sentencing. Order denying defendant's motion for a sentence reduction under 18 U.S.C. Sec. 3582(c)(2) affirmed without comment.