OPINIONS ARE POSTED DAILY BETWEEN 10:00 and 11:00 a.m. Today is: [ Friday February 23, 2018 ] - - - - - NO OPINIONS HAVE BEEN POSTED TODAY The most recent opinions are for: [ 02/21/2018 ]  
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.
164520P.pdf  02/21/2018  Aerotek, Inc.  v.  NLRB
   U.S. Court of Appeals Case No:   16-4520
                          and No:   17-1206
   National Labor Relations Board   
[PUBLISHED] [Shepherd, Author, with Gruender and Melloy, Circuit Judges] Petition for Review - National Labor Relations Board. The Board did not err in finding that Aerotek had violated the National Labor Relations Act by not hiring or considering for hire four union members who had applied to Aerotek to further a "salting" campaign in which they actively sought to organize and recruit for the union on non-union jobsites; the four men's applications were genuine, there were openings and anti-union animus contributed to the refusal to hire; with respect to the Board's remedy for the violation, the Board erred in ordering instatement and backpay for one of the four union members as his actions in attempting to poach an Aerotek client was not the kind of conduct pardoned or excused under the Board's "unfit for further service" standard; remanded for further proceedings on the appropriate remedy.
164548U.pdf  02/21/2018  United States  v.  Reuben Stewart
   U.S. Court of Appeals Case No:   16-4548
   U.S. District Court for the Eastern District of Missouri - St. Louis   
[UNPUBLISHED] [Per Curiam - Before Smith, Chief Judge, and Arnold and Kelly, Circuit Judges] Criminal case - Sentencing. Defendant's conviction for aggravated assault under Fla. Stat. Section 784.021(1) was a violent felony under the Armed Career Criminal Act.
171218P.pdf  02/21/2018  Derrick Booth  v.  Wendy Kelley
   U.S. Court of Appeals Case No:   17-1218
   U.S. District Court for the Eastern District of Arkansas - Pine Bluff   
[PUBLISHED] [Shepherd, Author, with Smith, Chief Judge, and Melloy, Circuit Judge] Prisoner case - Habeas. Counsel's failure to object to a fire investigator's testimony that he had identified Booth as an arson suspect in his investigation of a home fire was not ineffective assistance of counsel as Arkansas's Rules of Evidence allow expert testimony on a fire's origin and possible causes; the fire investigator did not testify that defendant caused the fire, only that he developed Booth as a suspect based on his investigation; such testimony was not unfounded speculation and did not invade the province of the jury; as a result, counsel's failure to challenge the testimony was not ineffective assistance; in any event, Booth could not establish, in light of the evidence in the case, that he was prejudiced by counsel's failure to object.
171710P.pdf  02/21/2018  United States  v.  Corey Jones
   U.S. Court of Appeals Case No:   17-1710
   U.S. District Court for the Southern District of Iowa - Davenport   
[PUBLISHED] [Melloy, Author, with Gruender and Shepherd, Circuit Judges] Criminal case - Sentencing. The district court was fully cognizant of defendant's request for a downward departure based on overstated criminal history, as well as it authority to depart, and its decision not to will not be reversed on the mere absence of a separate statement denying the requested departure; defendant's two prior Illinois convictions for violations of 720 Ill. Comp. Stat. 570/41 categorically qualified as controlled substance offenses under Guidelines Sections 4B1.1 and 4B1.2.