OPINIONS ARE POSTED DAILY BETWEEN 10:00 and 11:00 a.m. Today is: [ Monday June 27, 2016 ] The most recent opinions are for: [ 06/27/2016 ]  
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.
151546P.pdf  06/27/2016  United States  v.  Yoirlan Rojas
   U.S. Court of Appeals Case No:   15-1546
   U.S. District Court for the Northern District of Iowa - Sioux City   
[PUBLISHED] [Gruender, Author, with Murphy and Beam, Circuit Judges] Criminal case - Criminal law. Assuming for the sake of argument that the district court erred by permitting a law enforcement officer to testify that use of a credit card without the owner's permission was identity theft, the error was did not affect defendant's substantial rights and was not plain error; the district court did not err in permitting the government to impeach defendant's testimony by admitting credit cards found in his wallet and by permitting rebuttal evidence from the agent in the case regarding the cards, as the court specifically instructed the jury it could only consider this evidence for the limited purpose of impeaching defendant's testimony that he did not understand credit cards and that he lacked criminal intent.
152083P.pdf  06/27/2016  United States  v.  Christopher Strong, Sr.
   U.S. Court of Appeals Case No:   15-2083
   U.S. District Court for the District of Minnesota - St. Paul   
[PUBLISHED] [Beam, Author, with Shepherd and Kelly, Circuit Judges] Criminal case - Criminal law and sentencing. In a prosecution for aggravated sexual abuse, the court did not err under Rules 409 and 413 in admitting evidence concerning a 2009 sexual assault defendant perpetrated on his then-wife as the court carefully avoided any spill over to other charges by severing the abuse count from other assault charges and by giving a limiting instruction on the jury's use of the evidence; the district court did not err in prohibiting defendant's accident reconstruction expert from testifying regarding the victim being hit by a car as the testimony was not helpful under Rule 702, was of minimal probative value and defendant was permitted to cross-examine the victim regarding her claim that she was injured when defendant threw her in front of a moving car as part of the ongoing criminal incident; no error in imposing sentencing enhancements for both abduction and physical restraint. Judge Kelly, dissenting.
152127P.pdf  06/27/2016  United States  v.  Garron Gonzalez
   U.S. Court of Appeals Case No:   15-2127
   U.S. District Court for the District of North Dakota - Bismarck   
[PUBLISHED] [Beam, Author, with Murphy and Gruender, Circuit Judges] Criminal case - Criminal law. Defendant did not object to the playing of a tape for the jury after it began deliberations, and the issue was waived; waiver aside,the court did not err in permitting the jury to hear the tape, as it had been admitted into evidence, but not played during the trial, and the court took special precautions to assure that the jury listened to the whole tape by playing it in open court with counsel and defendant present; evidence was sufficient to support defendant's conviction for sexual exploitation of a minor.
152252P.pdf  06/27/2016  United States  v.  Alexander Faulkner
   U.S. Court of Appeals Case No:   15-2252
                          and No:   15-2286
   U.S. District Court for the District of Minnesota - St. Paul   
[PUBLISHED] [Beam, Author, with Murphy and Gruender, Circuit Judges] Criminal case - Criminal law and sentencing. Police affidavit established probable cause to place a GPS tracking device on defendant's vehicle; fact that officers placed the GPS on the car when it was outside the county where the warrant was issued was not a Fourth Amendment violation; search warrant applications for defendant's residences and vehicle were supported by probable cause to believe evidence of drug dealing would be found in these locations; the confidential informant in the case was a "mere tipster" and disclosure of his identity was not required; while defendant's two federal convictions for conspiracy to distribute cocaine and possession of cocaine with intent to distribute were charged in the same indictment, they were separate criminal incidents and counted as two convictions for Armed Career Criminal Act sentencing purposes.
152285P.pdf  06/27/2016  The Finley Hospital  v.  NLRB
   U.S. Court of Appeals Case No:   15-2285
   National Labor Relations Board   
[PUBLISHED] [Beam, Author, with Murphy and Gruender, Circuit Judges] Petition for Review - National Labor Relations Board. The parties' Collective Bargaining Agreement did not establish a status quo of, and thus a statutory right to, annual 3% raises, and the Hospital did not violate 29 U.S.C. Sec. 158(a)(5) by discontinuing annual pay raises; nor did the Hospital violate 29 U.S.C. Sec. 158(a)(1) by informing employees that it would no longer give annual pay raises after the expiration of the Collective Bargaining Act; the Hospital's petition for review is granted, and the Board's order regarding the discontinuance of pay raises is set aside. Judge Murphy, dissenting.
152376P.pdf  06/27/2016  Paul Ngugi  v.  Loretta E. Lynch
   U.S. Court of Appeals Case No:   15-2376
   Petition for Review of an Order of the Board of Immigration Appeals   
[PUBLISHED] [Gruender, Author, with Beam and Murphy, Circuit Judges] Petition for Review - Immigration. Substantial evidence supported the IJ's and BIA's conclusion that petitioner did not suffer persecution on account of his claimed protected grounds of political opinion, religion or membership in a particular social group (witnesses to Mungiki crimes and Kikuyus who resist recruitment by the Mungiki); neither of the social groups petitioner relies on are cognizable particular social groups; petition failed to establish a well-founded fear of future persecution if he returned to Kenya; denial of asylum affirmed.
152924P.pdf  06/27/2016  Madonna Massey-Diez  v.  U of IA Community Medical etc
   U.S. Court of Appeals Case No:   15-2924
   U.S. District Court for the Southern District of Iowa - Davenport   
[PUBLISHED] [Beam, Author, with Murphy and Gruender, Circuit Judges] Civil case - Family and Medical Leave Act. With respect to plaintiff's claim that the defendant interfered with her FMLA rights by directing her to work from home while she was recovering from a broken foot, plaintiff failed to show that the contacts were a condition of her employment or that her compliance with the requests was anything but voluntary, and a reasonable jury could not conclude that the hospital interfered with plaintiff's right to FMLA leave; plaintiff failed to establish a causal link between the hospital's alleged discriminatory motive and its decision not to renew her contract strong enough to permit her to avoid the burden-shifting framework of McDonnell Douglas; applying the McDonnell Douglas framework, the hospital established a legitimate, non-discriminatory basis for its decision not to renew plaintiff's contract (her repeated delays in completing charts) which plaintiff failed to show was a pretext for FMLA discrimination.
153194P.pdf  06/27/2016  United States  v.  Adrian Lomas
   U.S. Court of Appeals Case No:   15-3194
   U.S. District Court for the Southern District of Iowa - Davenport   
[PUBLISHED] [Wollman, Author, with Riley, Chief Judge, and Murphy, Circuit Judge] Criminal case - Criminal law and sentencing. No error in admitting evidence that defendant had discarded a gun several weeks before the bank robbery involved here as it went to explain why he was seeking a gun shortly before the robbery, and the district court gave a proper limiting instructions concerning the testimony; the court properly instructed the jury to disregard a police officer's comments about a "shots fired" report and no mistrial was required; hearsay challenges rejected; any error in admitting a police officer's testimony regarding the likely meaning of certain terms in defendant's text messages was harmless in light of other evidence regarding the language and the overwhelming evidence that defendant committed the robbery while displaying an imitation firearm; any error in sentencing defendant under the career-offender provision was harmless in light of the court's alternative findings with respect to the appropriate sentence.
161270U.pdf  06/27/2016  Kimberly Kenney  v.  University of Arkansas
   U.S. Court of Appeals Case No:   16-1270
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
[UNPUBLISHED] [Per Curiam - Before Murphy, Bowman and Benton, Circuit Judges] Civil case. Dismissal affirmed without comment.