Lull in Service

As avid readers will note, we haven't posted anything in a couple of weeks.  This likely means that the editors are out there somewhere reading long books under old trees.  We will return to regular posting at some future time.  Cheers.

MB

Very Short Form -- Recent Decisions

First Circuit:

2015/04/01	13-1048P.01A	13-1048	US v. Foley     District of Massachusetts, Boston
2015/04/01	13-1048P.01A	13-1118	US v. Foley     District of Massachusetts, Boston
2015/04/01	13-2136P.01A	13-2136	US v. Melendez-Rivera     District Court of Puerto Rico, San Juan
2015/04/01	13-2176P.01A	13-2176	US v. Razo     District Court of Maine, Bangor
2015/04/01	13-2384P.01A	13-2384	Montanez Allman v. Garcia-Padilla     District Court of Puerto Rico, San Juan
2015/04/01	14-1001P.01A	14-1001	Law Offices of David Efron v. Matthews & Fullmer Law Firm     District Court of Puerto Rico, San Juan
2015/04/01	14-1370P.01A	14-1370	Matusevich v. Middlesex Mutual Assurance Com     District of Massachusetts, Boston
2015/04/03	13-1543P.01A	13-1543	US v. Szpyt     District Court of Maine, Portland
2015/04/03	13-1550P.01A	13-1550	Dimova v. Holder, Jr.     Board of Immigration Appeals (BIA)
2015/04/03	13-1550P.01A	13-2013	Dimova v. Holder     Board of Immigration Appeals (BIA)
2015/04/03	13-2205P.01A	13-2205	US v. Romero-Galindez     District Court of Puerto Rico, San Juan
2015/04/03	14-1018E.01A	14-1018	AFDI v. MBTA     District of Massachusetts, Boston
2015/04/03	14-1018E.01A	14-1289	AFDI v. MBTA     District of Massachusetts, Boston
2015/04/03	14-1050P.01A	14-1050	Aponte-Ramos v. Alvarez-Rubio     District Court of Puerto Rico, San Juan
2015/04/03	14-1050P.01A	14-1052	Diaz-Vazquez v. Alvarez-Rubio     District Court of Puerto Rico, San Juan
2015/04/03	14-1450E.01A	14-1450	Dutkewych v. Standard Insurance Company     District of Massachusetts, Boston
2015/04/03	14-1466P.01A	14-1466	Perry v. Roy     District of Massachusetts, Boston
2015/04/06	13-1050P.01A	13-1050	US v. Del-Valle-Cruz     District Court of Puerto Rico, San Juan
2015/04/06	14-1297P.01A	14-1297	Torres-Rivera v. Lozada-Crespo     District Court of Puerto Rico, San Juan
2015/04/06	14-1912P.01A	14-1912	Santangelo v. New York Life Insurance Co.     District of Massachusetts, Boston
2015/04/07	13-2397U.01A	13-2397	US v. Cruz-Fernandez     District Court of Puerto Rico, San Juan
2015/04/07	14-1001E.01A	14-1001	Law Offices of David Efron v. Matthews & Fullmer Law Firm     District Court of Puerto Rico, San Juan
2015/04/07	14-1015U.01A	14-1015	US v. Sweeney     District Court of Maine, Bangor
2015/04/07	14-1580P.01A	14-1580	Cronin v. Commissioner of Probation     District of Massachusetts, Boston
2015/04/09	14-1286E.01A	14-1286	US v. Carpenter     District of Massachusetts, Boston
2015/04/09	14-1298U.01A	14-1298	Montanez v. Mitchell     District of Massachusetts, Boston
2015/04/09	14-1368P.01A	14-1368	US v. Oquendo-Garcia     District Court of Puerto Rico, San Juan
2015/04/09	14-1701U.01A	14-1701	Clark v. Janssen Pharmaceuticals, Inc.     District Court of Maine, Bangor
2015/04/10	13-1674P.01A	13-1674	US v. Torres-Landrua     District Court of Puerto Rico, San Juan

Second Circuit:

13-1484-ag

Lugo v. Holder

04-09-2015

OPN

13-3903-cv

Continental Terminals, Inc. v. Waterfront Comm'n of N.Y. Harbor

04-03-2015

OPN

14-1786 (L)

Central Hudson Gas & Electric Corp. v. FERC

04-02-2015

OPN

14-1468-cv

Smith et al., v. Campbell

04-01-2015

OPN

13-3610

Ortiz-Franco v. Holder

04-01-2015

OPN

Third Circuit:

Filed 04/10/15, No. 11-3996
Michael Siluk, Jr. v. Catherine Merwin
USDC for the Middle District of Pennsylvania

Filed 04/09/15, No. 14-1402
Jose Chavez-Alvarez v. Warden York County Prison
USDC for the Middle District of Pennsylvania

Filed 04/08/15, No. 12-4067
In re: Blood Reagents Antitrus v.
USDC for the Eastern District of Pennsylvania

Filed 04/07/15, No. 14-1816
Dale Kaymark v. Bank of America NA
USDC for the Western District of Pennsylvania

Filed 04/07/15, No. 13-4434
Shalom Pentecostal Church v. Secretary United States Depart
USDC for the District of New Jersey


Fourth Circuit:

131031.P Joseph Antonio v. SSA Security, Inc. (Floyd 4/3/2015) 
Published opinion after argument: Affirmed 
Civil Private (DMD Williams) 

---

134895.P US v. Abukar Beyle (Wilkinson 4/3/2015) 
Published opinion after argument: Affirmed 
Criminal (EDVA Smith) 

---

122034.P West Virginia CWP Fund v. Page Bender, Jr. (Keenan 4/2/2015) 
Published opinion after argument: Petition for review denied 
Agency Review (BRB) 

---

122273.P Clifton Valentine v. Sugar Rock, Inc. (King 4/2/2015) 
Published opinion after argument: Affirmed in part, vacated in part, and remanded 
Civil Private (NDWV Keeley) 

---

134412.P US v. Steven Helton (Wilkinson 4/2/2015) 
Published opinion after argument: Affirmed 
Criminal (SDWV Berger) 

---

137445.P US v. Abel Rangel (Agee 4/1/2015) 
Published opinion after argument: Affirmed 
28 USC Section 2255 (EDVA Hilton) 

---

141122.P Charles vonRosenberg v. Mark Lawrence (Motz 3/31/2015) 
Published opinion after argument: Vacated and remanded 
Civil Private (DSC Houck) 

Fifth Circuit:

	10-70016	04/06/2015	John Matamoros v. William Stephens, Director	pub
	13-11358	04/02/2015	Jerrell Squyres v. Heico Companies, L.L.C., et al	pub
	13-30918	04/08/2015	Nola Spice Designs, L.L.C., et al v. Haydel Enterp	pub
	13-31214	04/07/2015	Gulf Restoration Network, et al v. Gina McCarthy,	pub
	13-50075	04/09/2015	Barron & Newburger, P.C. v. Texas Skyline, Limited	pub
	13-50745	04/06/2015	USA v. Marco Alvarado-Zarza	pub
	13-70001	03/31/2015	William Speer v. William Stephens, Director	pub
	14-10049	04/07/2015	Christopher Crane, et al v. Jeh Johnson, et al	pub
	14-10287	04/03/2015	USA v. Fermin Rodriguez-Bernal	pub
	14-10631	04/02/2015	Campbell Harrison & Dagley, et al v. Albert Hill,	pub
	14-20433	04/07/2015	PoolRe Insurance Corporation, et al v. Organizatio	pub
	14-30357	03/31/2015	USA v. Sealed Juvenile	pub
	14-40059	03/31/2015	USA v. Elmer Gomez-Alvarez	pub
	14-40168	04/09/2015	USA v. Jose Mendoza	pub
	14-40455	04/09/2015	Robert Ortega v. William Stephens, Director	pub
	14-60366	04/06/2015	Gayle McMullin v. MS Dept of Public Safety, et al	pub
	14-70025	04/06/2015	Daniel Lopez v. William Stephens, Director	pub
	15-70004	04/01/2015	Garcia White, et al v. Brad Livingston, et al	pub

Sixth Circuit:

15a0057p.06	13-6349	2015/03/31	USA v. Patrick Winters     Eastern District of Tennessee of Chattanooga
15a0058p.06	13-1091	2015/04/01	Maple Drive Farms v. Tom Vilsack     Western District of Michigan at Grand Rapids
15a0059p.06	13-6649	2015/04/03	USA v. Donald Melton     Eastern District of Kentucky at Ashland
15a0060p.06	13-4105	2015/04/06	Slep-Tone Entertainment Corp. v. Karaoke Kandy Store, Inc.     Northern District of Ohio at Cleveland
15a0061p.06	14-3117	2015/04/06	Slep-Tone Entertainment Corp. v. Karaoke Kandy Store, Inc.     Northern District of Ohio at Cleveland
15a0062p.06	13-4057	2015/04/06	USA v. United Technologies     Southern District of Ohio at Dayton
15a0063p.06	14-1680	2015/04/06	Planet Aid v. City of St. Johns, MI     Western District of Michigan at Grand Rapids
15a0064p.06	14-1687	2015/04/07	Angel Garcia v. FNMA     Western District of Michigan at Grand Rapids
15a0065p.06	13-4468	2015/04/08	Henricks v. Pickaway Corr. Inst.     Southern District of Ohio at Columbus
15a0066p.06	12-2484	2015/04/10	EEOC v. Ford Motor Company     Eastern District of Michigan at Ann Arbor
15a0067p.06	13-4188	2015/04/10	USA v. Joshua Stafford     Northern District of Ohio at Cleveland

Seventh Circuit:

13-3521	Gennadiy Volodarskiy v.   Delta Air Lines, Inc.	civil	04/10/2015	Final  Opinion	Sykes
14-2301	Aircraft Check Services Compan v.   Verizon Wireless	civil	04/09/2015	Final  Opinion	Posner
14-2599	Brenda Mitze v.   Carolyn Colvin	civil	04/09/2015	Final  Opinion	Posner
14-3012	Matthew Stanek v.   Saint Charles Community Unit	civil	04/09/2015	Final  Opinion	Wood
14-1223	USA v.   Parrish Kappes	criminal	04/08/2015	Final  Opinion	Tinder
14-2135	USA v.   David L. Crisp, Jr.	criminal	04/08/2015	Final  Opinion	Tinder
14-2482	USA v.   Jeffrey Jurgens	criminal	04/08/2015	Final  Opinion	Tinder
14-1435	USA v.   Mark Bozovich	criminal	04/07/2015	Final  Opinion	Hamilton
14-1889	Mohamed Mathin v.   John F. Kerry	civil	04/07/2015	Final  Opinion	Rovner
14-2743	USA v.   Gary France	criminal	04/07/2015	Final  Opinion	Tinder
13-3732	USA v.   All Funds on Deposit with R.J.	civil	04/02/2015	Final  Opinion	Kanne
13-3732	USA v.   All Funds on Deposit with R.J.	civil	04/02/2015	Final  Opinion	Manion  concurs and dissents
13-3738	USA v.   Art Insurance Company	civil	04/02/2015	Final  Opinion	Kanne
13-3738	USA v.   Art Insurance Company	civil	04/02/2015	Final  Opinion	Manion  concurs and dissents
14-3213	Brian T. Sullivan v.   Michael R. Glenn, Jr.	bankruptcy from  district court	04/02/2015	Final  Opinion	Posner
13-3818	Ramon Alvarado v.   Corporate Cleaning Services, I	civil	04/01/2015	Final  Opinion	Posner
14-2411	Tie Xia Chen v.   Eric Holder, Jr.	agency	04/01/2015	Final  Opinion	PerCuriam
13-2200	USA v.   David Lockett	criminal	03/31/2015	Final  Opinion	Bauer
14-1171	Kawasaki Kisen Kaisha, Ltd. v.   Plano Molding Company	civil	03/31/2015	Final  Opinion	Flaum
14-1189	Union Pacific Railroad Company v.   Plano Molding Company	civil	03/31/2015	Final  Opinion	Flaum
14-1237	USA v.   Christian Miller	criminal	03/31/2015	Final  Opinion	Tinder
14-1585	USA v.   Frank Jordan	criminal	03/31/2015	Final  Opinion	Tinder
14-1592	USA v.   Joshua Bowser	criminal	03/31/2015	Final  Opinion	Tinder
14-2069	USA v.   George Curtis	criminal	03/31/2015	Final  Opinion	Rovner

Eighth Circuit:

133067P.pdf   04/10/2015  Hawkes Co., Inc.  v.  U.S. Army Corps of Engineers
   U.S. Court of Appeals Case No:  13-3067
   U.S. District Court for the District of Minnesota - Minneapolis    
   [PUBLISHED] [Loken, Author, with Bright and Kelly, Circuit Judges] 
   Civil case - Federal Water Pollution Control Act. The Corps' issuance of 
   an Approved Jurisdiction Determination that plaintiffs' property 
   constitutes "waters of the United States" within the meaning of the 
   Federal Water Pollution Control Act, thereby requiring plaintiffs to 
   obtain a permit to discharge dredged or filled materials into the 
   "navigable waters, was a final agency action for purposes of the 
   Administrative Procedure Act, and the district court erred in dismissing 
   the case for lack of a final agency action. Judge Kelly, concurring. 
  
133769P.pdf   04/10/2015  United States  v.  Billie Batemon
   U.S. Court of Appeals Case No:  13-3769
   U.S. District Court for the Eastern District of Arkansas - Little Rock    
   [PUBLISHED] [Colloton, Author, with Wollman and Benton, Circuit Judges] 
   Criminal case - Criminal law. District court's action in relieving 
   defendant's counsel of his appointment after the court imposed sentence on 
   defendant did not prejudice defendant; an argument that defendant meant to 
   move to withdraw his plea by his comments, in which he complained about 
   counsel's handling of the case and asserted his innocence, and was 
   prejudiced because an attorney would have better formulated the request, 
   is rejected as Fed. R. Crim. P. 11(3) forbids the withdrawal of a plea 
   after sentence is imposed; while the district court did not provide 
   defendant the information required under Rule 11(b)(1)(M), defendant has 
   failed to show that absent this error he would have proceeded to trial, 
   and the error was harmless; while the district court did not technically 
   comply with Rule 32(i)(1)(A)'s requirement that the court verify that 
   defendant had read and discussed the presentence report with counsel, the 
   error did not affect any substantial right. 
  
141084P.pdf   04/10/2015  United States  v.  Lodgy Jackson
   U.S. Court of Appeals Case No:  14-1084
                          and No:  14-1488
   U.S. District Court for the Eastern District of Missouri - St. Louis    
   [PUBLISHED] [Wollman, Author, with Smith and Shepherd, Circuit Judges] 
   Criminal case - Criminal law and sentencing. The district court's advice 
   to defendant Jackson at the change-of-plea hearing that he could not 
   withdraw his plea even if the court did not impose the sentence the 
   government recommended fulfilled the court's obligations under Rule 
   11(c)(3)(B); Jackson's 400-month sentence was not substantively 
   unreasonable; no error in applying the first-degree-murder cross-reference 
   set forth in Guidelines Sec. 2A1.1 in sentencing defendant O'Bryant as 
   application of the cross-reference did not violate defendant's Fifth or 
   Sixth Amendment rights; Alleyne does not prevent application of the 
   cross-reference as application does not increase the penalty beyond the 
   statutory maximum or increase the mandatory minimum sentence; evidence was 
   sufficient to support the application; defendant O'Bryant's 330-month 
   sentence was not substantively unreasonable. 
  
141237P.pdf   04/10/2015  United States  v.  Michael McMahan
   U.S. Court of Appeals Case No:  14-1237
   U.S. District Court for the Northern District of Iowa - Ft. Dodge    
   [PUBLISHED] [Colloton, Author, with Bright and Shepherd, Circuit Judges] 
   Criminal case - Sentencing. No error in applying a two-level enhancement 
   under Guidelines Sec. 3C1.2 for reckless endangerment during flight where 
   defendant fled at high speed from a drug arrest and then ran into a 
   person's home to elude capture. 
  
141520P.pdf   04/10/2015  St. Louis Effort For AIDS  v.  John Huff
   U.S. Court of Appeals Case No:  14-1520
   U.S. District Court for the Western District of Missouri - Jefferson City    
   [PUBLISHED] [Riley, Author, with Beam and Colloton, Circuit Judges] 
   Civil case - Missouri Health Insurance Marketplace Innovation Act. Where 
   the district court enjoined any attempt by Missouri under its Health 
   Insurance and Marketplace Innovation Act (Mo. Rev. Stat. Sec 376.2000 et 
   seq)to regulate the certified application counselors created by the 
   Affordable Care Act (ACA) to assist in the enrollment of applicants under 
   the ACA, the district court ignored the limited preemption effect created 
   by Sec. 18041(d) of the ACA and should have issued a more limited 
   injunction enjoining only certain portions of the Missouri statute; the 
   district court's injunction is limited to Mo. Rev. Stat. Sections 
   376.2002.(3),(5) and 376.2008; Section 376.2010.1 - the Missouri Act's 
   remedial provision - did not implicate the plaintiffs' First Amendment 
   rights and the section should not be enjoined. 
  
142146P.pdf   04/10/2015  United States  v.  Leslie Armstrong
   U.S. Court of Appeals Case No:  14-2146
   U.S. District Court for the Eastern District of Arkansas - Little Rock    
   [PUBLISHED] [Beam, Author, with Colloton and Kelly, Circuit Judges] 
   Criminal case - Criminal law and sentencing. In a prosecution for 
   distribution of crack, the district court did not commit a Rule 404(b) 
   error by admitting evidence concerning an earlier, uncharged drug sale, as 
   the government proved defendant's participation in that earlier deal by a 
   preponderance of the evidence; the evidence was sufficient to support 
   defendant's conviction for distribution of crack; no error in sentencing 
   defendant as a career offender under Guidelines Sec. 4B1.1 as his 1991 and 
   1992 drug offenses were properly counted as separate offenses. 

  
[ April 09, 2015 ]


132834P.pdf   04/09/2015  Kendrick Story  v.  Maxcie Foote
   U.S. Court of Appeals Case No:  13-2834
   U.S. District Court for the Eastern District of Arkansas - Pine Bluff    
   [PUBLISHED] [Colloton, Author, with Bye and Gruender, Circuit Judges] 
   Civil case - Civil rights. In action alleging defendants violated 
   plaintiff's Fourth Amendment rights by conducting a visual body-cavity 
   search of his person when he returned to the correctional facility from 
   outside the institution, the male officers conducting the search did not 
   violate plaintiff's rights by performing the search in a location where it 
   might be viewed by a female officer in a master video control room or 
   where other male inmates might be present; use of a derogatory term during 
   the search did not rise to the level of racial harassment; as a result, 
   plaintiff did not allege sufficient acts to support a plausible claim that 
   the search violated his clearly established constitutional rights, and the 
   district court did not err in dismissing the case prior to service. Judge 
   Bye, concurring in part and dissenting in part. 
  
133255P.pdf   04/09/2015  PHL Variable Insurance Company  v.  Midas Life Settlements LLC
   U.S. Court of Appeals Case No:  13-3255
   U.S. District Court for the District of Minnesota - Minneapolis    
   [PUBLISHED] [Shepherd, Author, with Loken and Colloton, Circuit Judges] 
   Civil case - Insurance. In action to rescind a $10 million life-insurance 
   policy, the district court did not err in rescinding the policy as it was 
   obtained through gross, material misrepresentations of the insured's worth 
   and income; where the insured simply signed a blank policy application 
   without supplying any truthful answers, Minnesota courts would not apply 
   their "Pomerenke rule" which provides coverage when the insured provided 
   truthful information and the insurer's agent recorded incorrect 
   information; Minnesota law did not impose a duty on the insurer to 
   reasonably investigate the policy application, and the insurer is not 
   equitably estopped from rescinding the policy. 
  
133331P.pdf   04/09/2015  United States  v.  Bradley Cook
   U.S. Court of Appeals Case No:  13-3331
   U.S. District Court for the Western District of Missouri - Kansas City    
   [PUBLISHED] [Shepherd, Author, with Bye and Kelly, Circuit Judges] 
   Criminal case - Criminal law. 18 U.S.C. Section 1591 was not 
   unconstitutionally vague as applied to defendant's prosecution for 
   commercial sex trafficking by force, fraud or coercion; the plain language 
   of the statute gave defendant adequate warning that his conduct in 
   purchasing commercial sex acts was criminal, and the statute's mens rea 
   requirement is sufficiently narrow to avoid arbitrary enforcement. 
  
141436P.pdf   04/09/2015  Santiago Martinez-Galarza  v.  Eric H. Holder, Jr.
   U.S. Court of Appeals Case No:  14-1436
   Petition for Review of an Order of the Board of Immigration Appeals    
   [PUBLISHED] [Beam, Author, with Bye and Benton, Circuit Judges] 
   Petition for Review - Immigration - Bloomington, MN Immigration 
   Proceeding. Petitioner did not establish eligibility for asylum as he 
   failed to show that his fear of persecution was on account of his 
   membership in a particular social group; petitioner's fear of harm was, in 
   fact, based on his fear of retribution from a person who had a personal 
   grudge against him; petitioner had waived his claims for withholding of 
   removability, CAT protection and voluntary departure, and the court would 
   not consider them. 
  

  
[ April 07, 2015 ]


133743P.pdf   04/07/2015  Lucinda Dalton  v.  Manor Care of West Des Moines
   U.S. Court of Appeals Case No:  13-3743
   U.S. District Court for the Southern District of Iowa - Des Moines    
   [PUBLISHED] [Loken, Author, with Bye and Smith, Circuit Judges] 
   Civil case - Family Medical Leave Act. Plaintiff failed to establish that 
   she suffered from a serious health condition resulting in an inability to 
   work; her short-term conditions did not rise to the level of a serious 
   health condition and the FMLA did not protect her from discipline based on 
   her failure to complete work; even if plaintiff had a chronic serious 
   health condition so that a hospital visit was FMLA-protected, the district 
   court did not err in granting the defendant's motion for summary judgment 
   because defendant terminated plaintiff for reasons other than her work 
   absences. 
  
141187P.pdf   04/07/2015  Larry Flynt  v.  George Lombardi
   U.S. Court of Appeals Case No:  14-1187
                          and No:  14-1202
   U.S. District Court for the Western District of Missouri - Jefferson City    
   [PUBLISHED] [Per Curiam - Before Riley, Chief Judge, and Beam and 
   Colloton, Circuit Judges] 
   Civil case - Civil Procedure. Flynt sought to intervene in two Missouri 
   death penalty cases, asserting he had an interest in sealed records in the 
   cases as a publisher and advocate against the death penalty, and the 
   district court denied his motion to intervene. To the extent the district 
   court denied the motions because it believed Rule 24(b) intervention was 
   the incorrect procedural mechanism, the court applied the wrong standard 
   in holding Flynt's generalized interest in the subjects of the two cases 
   did not justify intervention; the requirement that the movant's claim or 
   defense and the main action have questions of law or fact in common is not 
   generally required in cases where a party seeks to intervene to unseal 
   judicial records; it is the public's interest in the confidentiality of 
   the records that -in the language of Rule 24(b)(2)- is a question of law 
   in common between the parties and the would-be intervenor; accordingly, 
   Rule 24(b) intervention is the proper procedural mechanism for Flynt to 
   intervene in the case, and the matter is remanded for further proceedings. 
  
141954P.pdf   04/07/2015  Calvin Carrick  v.  Mike Beebe
   U.S. Court of Appeals Case No:  14-1954
   U.S. District Court for the Eastern District of Arkansas - Little Rock    
   [PUBLISHED] [Per Curiam - Before Loken, Melloy and Gruender, Circuit 
   Judges] 
   Civil case - Civil rights. Plaintiff had no Sixth Amendment right to a 
   jury trial on his citations for violating municipal ordinances because 
   they were not serious offenses, and his Sixth Amendment and ancillary due 
   process claims fail. 
  
146032P.pdf   04/07/2015  Joseph R. Wilson  v.  Michael A. Walker
   U.S. Court of Appeals Case No:  14-6032
   U.S. Bankruptcy Court for the Western District of Missouri - Springfield    
   [PUBLISHED] [Schermer, Author, with Kressel and Nail, Bankruptcy Judges] 
   Bankruptcy Appellate Panel. The bankruptcy court did not err in finding 
   debtor Walker did not owe a debt to Wilson and that Wilson had no cause of 
   action under Section 523 as the contracts under which Wilson sought 
   recovery were unconscionable and Wilson had not shown any loss of 
   investment; likewise, there was no basis upon which to deny debtor Walker 
   a discharge under Section 727. 
  
146036P.pdf   04/07/2015  O&S Trucking, Inc.  v.  Mercedes Benz Financial Serv.
   U.S. Court of Appeals Case No:  14-6036
   U.S. Bankruptcy Court for the Western District of Missouri - Springfield    
   [PUBLISHED] [Kressel, Author, with Schermer and Nail, Bankruptcy Judges] 
   Bankruptcy Appellate Panel. Debtor was not an aggrieved party and did not 
   have standing to appeal the order confirming its plan; appeal dismissed 
   for lack of jurisdiction. 
  
[ April 06, 2015 ]


133676P.pdf   04/06/2015  LaMonte Martin  v.  Jessica Symmes
   U.S. Court of Appeals Case No:  13-3676
   U.S. District Court for the District of Minnesota - Minneapolis    
   [PUBLISHED] [Benton, Author, with Murphy and Melloy, Circuit Judges] 
   Prisoner case - Habeas. In Miller v. Alabama, 132 S. Ct. 2455 (2012), the 
   Supreme Court announced a procedural rule that is not of watershed 
   magnitude and, as such, the decision does not apply retroactively on 
   collateral review; Batson challenge rejected. 
  
141127P.pdf   04/06/2015  Terry Draper  v.  City of Festus, Missouri
   U.S. Court of Appeals Case No:  14-1127
   U.S. District Court for the Eastern District of Missouri - St. Louis    
   [PUBLISHED] [Wollman, Author, with Smith and Shepherd, Circuit Judges] 
   Civil case - Employment. City's denial of plaintiff's attorney's request 
   to postpone a post-termination hearing did not deprive plaintiff of his 
   Fourteenth Amendment right to procedural due process in the circumstances 
   of the case; nor did it deprive him of his right to substantive due 
   process; no error in granting defendants' motion for summary judgment on 
   plaintiff's conspiracy claim; the undisputed facts establish that 
   plaintiff's actions as City Administrator were, at least, misfeasance, and 
   the City did not breach his contract by terminating him for the acts; 
   decision to terminate plaintiff was not arbitrary, capricious or 
   unreasonable and no violation of the Missouri Administrative Procedure Act 
   occurred. 
  
141428P.pdf   04/06/2015  United States  v.  Marquis Leval Cotton
   U.S. Court of Appeals Case No:  14-1428
   U.S. District Court for the District of Minnesota - St. Paul    
   [PUBLISHED] [Melloy, Author, with Murphy and Benton, Circuit Judges] 
   Criminal case - Criminal law. Officers had reasonable suspicion that 
   criminal activity was afoot, and they had grounds to support a Terry stop; 
   defendant's actions in reaching for his waistband, combined with other 
   circumstances, gave the officers a reasonable suspicion that defendant was 
   armed and dangerous and gave them grounds to detain him and conduct a 
   Terry frisk. 
  
142518P.pdf   04/06/2015  United States  v.  Kerajia Williamson
   U.S. Court of Appeals Case No:  14-2518
   U.S. District Court for the Eastern District of Missouri - Cape Girardeau    
   [PUBLISHED] [Loken, Author, with Murphy and Melloy, Circuit Judges] 
   Criminal case - Sentencing. District court did not abuse its discretion by 
   making defendant's sentences consecutive; district court adequately 
   explained its sentencing decision, and the sentence it imposed was not 
   substantively unreasonable. 
  

[ April 03, 2015 ]
  
142621P.pdf   04/03/2015  United States  v.  James Bolt
   U.S. Court of Appeals Case No:  14-2621
                          and No:  14-2623
   U.S. District Court for the Western District of Arkansas - Fayetteville    
   [PUBLISHED] [Murphy, Author, with Loken and Melloy, Circuit Judges] 
   Criminal case - Sentencing. No error in calculating the amount of loss in 
   this fraud scheme as the court could consider uncharged relevant conduct 
   in determining the loss; no error in imposing an enhancement under 
   Guidelines Sec. 2B1.1(b)(10); no error in departing upwards based on an 
   underrepresented criminal history. 
  
142704P.pdf   04/03/2015  United States  v.  Kendall Woodall
   U.S. Court of Appeals Case No:  14-2704
   U.S. District Court for the Northern District of Iowa - Cedar Rapids    
   [PUBLISHED] [Per Curiam - Before Loken, Bye and Smith, Circuit Judges] 
   Criminal case - Sentencing. In this SORNA conviction, the district court 
   erred in imposing a special condition in defendant's supervised release 
   which prohibited from consuming alcohol or going to bars as the district 
   court's condition relied predominantly on a factual conclusion of drug 
   dependency without linking it to another factor such as mental health; the 
   court did not err in imposing a special condition barring unapproved 
   contact with minors as defendant had a serious sex offense conviction and 
   his failure to register as a sex offender and his failure to complete a 
   prescribed sex offender treatment program were directly related to 
   potential recidivism. 

[ April 01, 2015 ]


133607P.pdf   04/01/2015  Robl Construction, Inc.  v.  Andrew Homoly
   U.S. Court of Appeals Case No:  13-3607
   U.S. District Court for the Western District of Missouri - St. Joseph    
   [PUBLISHED] [Riley, Author, with Smith and Kelly, Circuit Judges] 
   Civil case - Contracts. The district court erred in granting defendant 
   Homoly's motion for summary judgment on plaintiff Robl's breach of 
   contract claims as there were genuine issues of material fact as to 
   whether Homloy authorized and personally guaranteed all or part of a loan 
   in accordance with the parties' agreement. Judge Smith, dissenting. 

[ March 31, 2015 ]


141123P.pdf   03/31/2015  United States  v.  Randy Never Misses A Shot
   U.S. Court of Appeals Case No:  14-1123
   U.S. District Court for the District of South Dakota - Pierre    
   [PUBLISHED] [Smith, Author, with Murphy and Gruender, Circuit Judges] 
   Criminal case - Criminal case. The district court's comments to the 
   prosecution at a sidebar regarding a possible deficiency in its evidence 
   and the court's decision to permit the government to reopen its 
   case-in-chief were not an abuse of the court' discretion and did not 
   prejudice defendant because the jury did not hear the comments and the 
   evidence at that point was, in any event, sufficient to convict defendant 
   on the count; evidence was sufficient to support defendant's convictions 
   for sexual abuse of a minor; the court did not err in rejecting 
   defendant's request for a lesser-included-offense of simple assault; no 
   error in admitting the testimony of six Rule 413 and 414 witnesses as the 
   court concluded the conduct covered by their testimony was similar enough 
   to the conduct charged to prove propensity; even if the admission of six 
   witnesses' testimony raised Rule 403 concerns, any error was harmless in 
   light of the other evidence of propensity; no error in excluding evidence 
   of past sexual assault against a victim under Rule 412. 
Ninth Circuit:

SKYE ASTIANA V. THE HAIN CELESTIAL GROUP
12-17596
Oakland District Court
McKEOWN, M.
Civil
04/10/2015
ANTHONY NIGRO V. SEARS, ROEBUCK AND CO.
12-57262
San Diego District Court
GOULD, Ronald
Civil
oa
04/10/2015
USA V. RUBEN SAHAGUN-GALLEGOS
13-10095
Tucson District Court
CHRISTEN, Morgan
Criminal
04/10/2015
USA V. ANGELA AGUILAR
13-55155
Los Angeles District Court
OWENS, John
Civil
04/10/2015
USA V. ANTONIO URRUTIA-CONTRERAS
14-50113
San Diego District Court
Gettleman, Robert
Criminal
04/10/2015
C. W. V. CAPISTRANO USD
12-57315
Santa Ana District Court
WARDLAW, Kim
Civil
oa
04/09/2015
DONALD GOLDEN V. CALIF EMERGENCY PHYSICIANS
12-16514
San Francisco District Court
Civil
04/08/2015
DAVID BARBOZA V. CA ASSN OF PROF FIREFIGHTERS
11-15472
Sacramento District Court
IKUTA, Sandra
Civil
04/07/2015
LESTER SHINAULT V. DICK HAWKS
13-35290
Portland District Court
HAWKINS, Michael
Prisoner
oa
04/06/2015
BRIAN MCMONAGLE V. DON MEYER
12-15360
Sacramento District Court
THOMAS, Sidney
Habeas
ebo*
04/03/2015
USA V. JORDON SIMMONS
11-10459
Honolulu District Court
TASHIMA, A.
Criminal
04/03/2015
USA V. JORDON SIMMONS
11-10459
Honolulu District Court
TASHIMA, A.
Criminal
04/03/2015
CHULA VISTA CITIZENS FOR JOBS V. DONNA NORRIS
12-55726
San Diego District Court
REINHARDT, Stephen
Civil
ebop
04/03/2015
USA V. DAVID TAMMAN
13-50463
Los Angeles District Court
Ezra, David
Criminal
04/03/2015
CARLOS RENDON V. ERIC HOLDER, JR.
10-72239
Board of Immigration Appeals
Agency
04/02/2015
AMERIPRIDE SERVICES V. TEXAS EASTERN OVERSEAS INC.
12-17245
Sacramento District Court
IKUTA, Sandra
Civil
04/02/2015
PENSCO TRUST V. TRISTAR ESPERANZA PROPERTIES
13-60023
BAP, Santa Ana Bankruptcy Ct
OWENS, John
Bankruptcy
04/02/2015
USA V. PAUL RICHTER
14-30003
Missoula District Court
Orrick, William
Criminal
04/02/2015
EMINENCE INVESTORS, L.L.L.P. V. BANK OF NEW YORK MELLON
15-15237
Fresno District Court
WALLACE, J.
Civil
04/02/2015
CLARK ELMORE V. STEPHEN SINCLAIR
12-99003
Seattle District Court
SMITH, Milan
Prisoner Death Penalty
04/01/2015
LAURA JORDAN V. NATIONSTAR MORTGAGE LLC
14-35943
Spokane District Court
SMITH, Milan
Civil
04/01/2015
RICHARD REYES V. DOLLAR TREE STORES, INC.
15-55176
Los Angeles District Court
HURWITZ, Andrew
Civil
04/01/2015
JOSE MARQUEZ CARRILLO V. ERIC HOLDER, JR.
12-70779
Board of Immigration Appeals
FERNANDEZ, Ferdinand
Agency
03/31/2015
TROAS BARNETT V. DAVID NORMAN
13-15234
Fresno District Court
OWENS, John
Prisoner
03/31/2015
JOHN DOE V. ROBERT AYERS, JR.
15-99006
REINHARDT, Stephen
Prisoner Death Penalty
03/31/2015

Tenth Circuit:

See site.  (Impossible to tell which non current-day opinions are published, and which aren't.)

https://www.ca10.uscourts.gov/clerk/opinions/daily

Eleventh Circuit:

U.S. Securities and Exchange Commission v. Big Apple Consulting USA, Inc., et al	13-11976	6:09-cv-01963-JA-GJK	NEW	04-09-2015
USA v. Michael Renard Albury, Jr.	12-15183	8:11-cr-00410-SDM-TBM-1	NEW	04-09-2015
Earl E. Graham v. R.J. Reynolds Tobacco Company, et al	13-14590	3:09-cv-13602-MMH-JBT	NEW	04-08-2015
Hugh A. Carithers, et al v. Mid-Continent Casualty Company	14-11639	3:12-cv-00890-MMH-PDB	NEW	04-07-2015
USA v. Mark Mason Alexander	14-10253	4:11-cr-00036-HLM-WEJ-1	NEW	04-07-2015
USA v. Emmanuel Asante	13-15651	1:13-cr-00350-SCJ-1	NEW	04-06-2015
USA v. Adrian Velazquez	13-14132	1:13-cr-20231-UU-2	CON	04-03-2015
USA v. Yolanda Sosa	13-14141	1:13-cr-20231-UU-1	NEW	04-03-2015
USA v. Alexander Dimitrovski	14-12417	1:13-cr-20557-KMW-3	NEW	04-02-2015
Richard Moss v. City of Pembroke Pines, et al	14-11240	0:11-cv-62595-WJZ	NEW	03-31-2015

Federal Circuit:

2015-04-10	14-1297	DCT	OPLUS TECHNOLOGIES, LTD. v. VIZIO, INC. [OPINION]	Precedential
2015-04-10	14-1728	DCT	AUTOMATED MERCHANDISING v. LEE [OPINION]	Precedential
2015-04-09	14-5019	CFC	MASSACHUSETTS MUTUAL LIFE INS v. US [OPINION]	Precedential
2015-04-09	14-1065	DCT	INSITE VISION INCORPORATED v. SANDOZ, INC. [OPINION]	Precedential
2015-04-07	14-1221	DCT	ASTRAZENECA AB v. APOTEX CORP. [OPINION]	Precedential
2015-04-07	14-5015	CFC	SHINNECOCK INDIAN NATION v. US [OPINION]	Precedential
2015-04-06	14-5060	CFC	PRAIRIE COUNTY, MONTANA v. US [OPINION]	Precedential
2015-04-03	14-1096	DCT	VASUDEVAN SOFTWARE, INC. v. TIBCO SOFTWARE, INC. [OPINION]	Precedential
2015-04-02	14-5018	CFC	HOPI TRIBE v. US [OPINION]	Precedential
2015-04-01	14-1724	DCT	INTELLECTUAL VENTURES II LLC v. JPMORGAN CHASE & CO. [OPINION]	Precedential
2015-03-31	14-1282	DCT	APOTEX INC. v. DAIICHI SANKYO, INC. [OPINION]	Precedential

DC Circuit:

14-5122Adirondack Medical Center v. Sylvia Mathews Burwell

 04/10/2015

13-1261Jared Clark v. FLRA

 04/07/2015

13-1278Missouri Public Service Comm. v. FERC

 04/07/2015

12-3007USA v. Khaled Shabban

 04/03/2015

13-7109Nasrin Mohammadi v. Islamic Republic of Iran

 04/03/2015

14-1039FiberTower Spectrum Holdings, v. FCC