OPINIONS ARE POSTED DAILY BETWEEN 10:00 and 11:00 a.m. Today is: [ Wednesday July 01, 2015 ] The most recent opinions are for: [ 07/01/2015 ]  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.133502P.pdf 07/01/2015 United States v. James Fry U.S. Court of Appeals Case No: 13-3502 U.S. District Court for the District of Minnesota - St. Paul
[PUBLISHED] [Colloton, Author, with Bright and Shepherd, Circuit Judges] Criminal case - Sentencing. No presumption of vindictiveness is warranted in the class of cases where a defendant who is convicted after trial alleges that "similarly situated" defendants who pleaded guilty were sentenced to lesser punishment; the district court explicitly considered the issue of unwarranted sentencing disparities at defendant's sentencing; the district court's explanation for its sentencing decision was not plainly inadequate; 220-month sentence, which represented a substantial downward variance from defendant's 1440-month advisory guidelines sentence, was not substantively unreasonable; any disparities between defendant's sentence and those of his co-conspirators were warranted by their dissimilar situations, such as cooperation and acceptance of responsibility, the seriousness of defendant's conduct, his prior record, his efforts to obstruct the investigation and his role in the offense. Judge Bright, dissenting.141055P.pdf 07/01/2015 Bowles Sub Parcel A, LLC v. CW Capital Asset Mgmt. LLC U.S. Court of Appeals Case No: 14-1055 and No: 14-1056 and No: 14-1060 and No: 14-1061 and No: 14-1064 and No: 14-1065 U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Kelly, Author, with Gruender and Shepherd, Circuit Judges] Civil case - Bankruptcy. Bankruptcy court did not err in determining that a default interest provision in the loan agreement at issue was valid liquidated-damages provision under Minnesota law.141269P.pdf 07/01/2015 Gregory Scott Taylor v. United States U.S. Court of Appeals Case No: 14-1269 U.S. District Court for the District of North Dakota - Fargo
[PUBLISHED] [Shepherd, Author, with Gruender and Kelly, Circuit Judges] Prisoner case - Habeas. The district court erred in finding that a proposed amendment to Taylor's timely-filed habeas petition, filed 10 months after the limitations period had expired, related back to his original claims; the claim was, therefore, time barred, and the district court erred in granting relief on the claim; remanded with instruction to reimpose Taylor's sentence. Judge Kelly, concurring.141407P.pdf 07/01/2015 Bryant Lewis v. Enerquest Oil and Gas U.S. Court of Appeals Case No: 14-1407 U.S. District Court for the Western District of Arkansas - El Dorado
[PUBLISHED] [Colloton, Author, with Wollman and Benton, Circuit Judges] Civil case - Oil and Gas. In an action to cancel oil and gas leases on the ground the defendant lessees breached implied covenants in the leases to develop the oil and gas deposits, the district court correctly determined that lessors had not provided defendants with the required notice and opportunity to cure the breach before bringing suit to cancel the leases.142272P.pdf 07/01/2015 Elsie Glickert v. The Loop Trolley Trans., etc. U.S. Court of Appeals Case No: 14-2272 U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Shepherd, Author, with Murphy, Circuit Judge, and Brooks, District Judge] Civil case - Civil Procedure. In action challenging the construction and operation of a trolley-car system in St. Louis and University City, Missouri, the district court did not err in dismissing plaintiffs' due process and equal protection claims without affording them an opportunity to supply more particularized allegations to establish their standing as they did not submit a motion to amend or a proposed amendment and did not indicate what a proposed amended pleading might have contained; nor did the court err in finding plaintiffs lacked standing to assert equal protection and due process claims because these claims were not an assertion of their own legal rights; a fourth plaintiff who actually owned property in the proposed trolley development district had publication notice of a related law suit in state court and was bound by it; claim that the notice was constitutionally defective was not raised in the district court and the argument was waived.143285U.pdf 07/01/2015 Joe Bell, Jr. v. Jeremy Andrews U.S. Court of Appeals Case No: 14-3285 U.S. District Court for the Eastern District of Arkansas - Helena
[UNPUBLISHED] [Per Curiam - Before Shepherd, Bye and Kelly, Circuit Judges] Prisoner case - Prisoner civil rights. The district court did not err in denying defendant's motion for summary judgment based on qualified immunity on plaintiff's claim that his reassignment to the hoe squad after he successfully contested a disciplinary charge initiated by defendant was a retaliatory assignment in violation of his clearly established constitutional rights.143821U.pdf 07/01/2015 John Roach v. Myers Property Rentals U.S. Court of Appeals Case No: 14-3821 U.S. District Court for the Western District of Arkansas - Harrison
[UNPUBLISHED] [Per Curiam - Before Shepherd, Bye and Kelly, Circuit Judges] Civil case - Civil rights. Dismissal for failure to state a claim affirmed without comment.