Federal Circuit -- ARCELORMITTAL FRANCE V. AK STEEL CORP.

ARCELORMITTAL FRANCE V. AK STEEL CORP.

DC Circuit -- USA v. Andrew Warren

USA v. Andrew Warren

Eleventh Circuit -- Iberiabank v. Beneva 41-1, LLC, et al.

As FDIC has power to enter into contracts on behalf of banks in recievership, third party cannot terminate sublease agreement based on the transfer of the agreement from the bank to the FDIC. 

(Quick summary prepared from first page.)

Iberiabank v. Beneva 41-1, LLC, et al.

Eleventh Circuit -- USA v. Lawrence S. Duran, et al

In determining questions of 'substantial nonexempt interest' under FDPCA, federal courts must decide property questions even when referencing state law.

USA v. Lawrence S. Duran, et al

Tenth Circuit -- No Clue

Not sure which of yesterday's opinions were published, and running very low on time.  Moving on.

Ninth Circuit -- USA V. EDUARDO ARIAS-ESPINOSA

If one signs a plea agreement waiving the right to appeal, and at the end of sentencing, the judge says that there might be a right to appeal, there is no right to appeal.  Equivocal and ambiguous.


USA V. EDUARDO ARIAS-ESPINOSA

Eighth Circuit -- United States v. Humberto Jacobo

Nine-level sentencing bump correctly applied in case of evading prior charge, as there's no need to prove the prior charge to justify the sentencing bump.

 United States  v.  Humberto Jacobo

Eighth Circuit -- United States v. Robert Lee Bailey

When a District Court determines during the pendency of a Rule 41 action for the return of property that the government has lost the property, the plaintiff should be allowed to convert the action into a civil damages claim.

United States  v.  Robert Lee Bailey

Eighth Circuit -- Pedro Garcia-Colindres v. Eric H. Holder, Jr.

Brief detentions, minor beatings and threats are not past persecution for purposes of an asylum claim.

Not raising humanitarian asylum claim at agency level waives it for Article III review.

 Pedro Garcia-Colindres  v.  Eric H. Holder, Jr.

Eighth Cicuit -- Westfield Insurance Company v. Robinson Outdoors, Inc.

Insurance company had no duty to defend on false advertising claim, as the contract required that the claimant have sold goods that conformed to the specs.

Westfield Insurance Company  v.  Robinson Outdoors, Inc.

Eighth Circuit -- John Schedin v. Ortho-McNeil-Janssen

Jury could have reasonably found that a package insert was sufficient to warn physician AKA learned intermediary.

Post-hoc report fairly admitted, as it established possibility of contemporaneous knowledge.

 Sufficient proof of causation, given MD's contacts with reps and literature.

JMOL shoudl have been granted on punitive damages, given speculative nature of claim.

Concur/Dissent: Sufficient possibility of punitive damages scenario.

John Schedin  v.  Ortho-McNeil-Janssen

Eighth Circuit -- Kip M. Kaler v. Susan Bala (11/29)

[Tough case.  Again, entertainment purposes only.]

Where subject of bankruptcy action takes out insurance policy in the name of a third person and the Federales execute a forfeiture order, rights in the policy then vest in the Federales, giving the Trustee a better claim than the beneficiary of the policy if the forfeiture is later reversed..

Improper notice to the beneficiary does not make the forfeiture order wrongful.

Kip M. Kaler  v.  Susan Bala

Seenth Circuit -- Henry Ruppel v. CBS Corporation

Liability suit properly removed to Federal Court under the Federal Officer statute.  Deft's not warning plaintiff of dangers is fundamentally a liability/negligence question, and there is therefore a colorable defense under Boyle - delicts within specs.

Henry Ruppel v. CBS Corporation

Seventh Circuit -- Kevin Kasten v. Saint-Gobain

Post- Scotus remand, District Court erred in giving SJ to employer on question of FLSA retaliation claim.

Whether complaint was material cause of dismissal is a matter for the jury, given the plausibility of the  inference.

 District Court erred in giving SJ against claim that spoken complaint did not put the company on notice that FLSA was in play.

Kevin Kasten v. Saint-Gobain

Seventh Circuit -- USA v. Michael Taylor

For felon-in-possession charge, proof that the deft's housemates  possessed guns is not unduly prejudicial, in that it makes it more likely that the firearm in the vehicle actually belonged to the deft.

Sufficient evidence for possession, despite only witness' substantial use of MJ and alcohol. .

Sentence 13 years beyond guidelines not substantively unreasonable, as court considered all factors.


USA v. Michael Taylor

Seventh Circuit -- USA v. Luis Delgado

Police cannot search house under exigent circumstances when det emerges after knock on door and is arrested, even if there is a shooter still at large.  There must be some affirmative sign of exigency, some credible story.

USA v. Luis Delgado

Seventh Circuit -- Bahri Begolli v. Home Depot, U.S.A.

 Judges's resolution of dispositive factual threshold question on Statute of Limitations should have gone to the jury instead.

Contrary Circuit precedent distinguished - judicial determination of administrative exhaustion is different from judicial determination of a disputed fact, as the former looks to whether or not the agency issued a decision.


Bahri Begolli v. Home Depot, U.S.A

Seventh Circuit -- Richard Merel v. Kevin Duff (11/29)

In repaying funds lost to fraud, courts have discretion to use the 'rising tide' or the 'net loss' method.  That is, they can try to give back what was lost, or they can try to apportion evenly that which was recovered.

Richard Merel v. Kevin Duff

Sixth Circuit -- Green Party of Tennessee v. Tre Hargett

Where there have been subsequent changes in the statute at issue, Appeals Court should remand tothe District Court to assess mootness, and not rule in the first instance.

Statute giving state executive discretion in certifying minor parties is not
impermissibly vague/ unconstitutional delegation.

Plaintiff did not have standing to challenge restrictions on third party names, as they weren't going to name their party using any of the verboten words.

Green Party of Tennessee v. Tre Hargett

Sixth Circuit -- Joseph Coyer v. HSBC Mortgage Services, Inc.

No default fiduciary relationship or covenant of fair dealing between mortgagor and mortgagee in Michigan.

TILA claim untimely.

Individual cannot place common-law lien on their own property.

Where the magistrate judge is unqualified by statute, orders of trial court are not void if court conducts de novo review and withdraws the findings of the magistrate.


Joseph Coyer v. HSBC Mortgage Services, Inc.

Sixth Circuit -- Kevin Moore v. Mary Berghuis

Giving police officer name and phone number of attorney and asking him to contact the lawyer is sufficient invocation for the right to counsel.  Clearly established by Scotus for purposes of AEDPA.

District Court erred in holding admission of confession to be harmless error.

Dissent - Legitimate waiver under Edwards where police officer told deft that the lawyer was unavailable, and deft subsequently talked.

Kevin Moore v. Mary Berghuis

Fifth Circuit -- PPI Technology Services, L.P. v. Liberty Mutual (11/29)

Insurance company had no duty to defend, as the complaint didn't plead any facts of "property damage.  Descriptions of harm or damage to the underlying property are required.

PPI Technology Services, L.P. v. Liberty Mutual

Fourth Circuit -- U.S. Foodservice, Inc. v. Truck Drivers & Helpers Union

ERISA overpayment - District Court erred in ordering repayment of management overpayment to employee fund, as the plan administrator had held that there had been no overpayment, and such a reading of the plan language is rational. 


U.S. Foodservice, Inc. v. Truck Drivers & Helpers Union

Fourth Circuit -- Jonathan Blitz v. Janet Napolitano

Dismissal for lack of SMJ sufficiently final for appeal.

TSA Checkpoint Procedures constituted an administrative Order, as they were the final word of the Agency on the matter.

Court did not err in deciding this based on administrative record (without reference to the actual Order).

Channeling challenges to the Order to the Courts of Appeal not unconstitutional, very commmon.  Doesn't foreclose relief.  No DP violation.





Jonathan Blitz v. Janet Napolitano

Second Circuit -- United States v. Robinson

TVPA trafficking statute has three classes of culpability - knowledge; reckless disregard; opportunity to observe.

Sufficient evidence.

Recordings of phone calls with other criminal contacts  were not inadmissible as other bad acts, as the contextualized the contacts in the present case.  Same for threatening phone calls to person in present case.

Sentence procedurally reasonable.

Concur in J: Scienter terms in statute means that "opportunity to observe" should still have mens rea requirement.

United States v. Robinson

First Circuit -- Kenney v. Floyd

Hearsay in investigator's affadavit inadmissible against motion for summary judgement, not res gestae.

Evidence of animosity between petitioner and policeman not enough to defeat SJ against report from State AG clearing the policeman.


Kenney v. Floyd

End of day

Additional decisions in the 7th, 8th & 11th.  All will be posted tomorrow. 

Sixth Circuit -- American Beverage Association v. Snyder

No Dormant Commerce Clause violationin Michigan's requirement that all recyclable cans carry a mark unique to the state, as any manufacturer is free to put the mark on the can.

No discriminatory effect, for same reason.

However, the labeling requirement is extraterritorial burden on manufacturers, and therefore violates the DCC

Concurrence: Extraterritoriality, schmextraterrritoriality

 American Beverage Association v. Snyder

Sixth Circuit -- USA v. Lawrence S. Duran, et al

Denial of SJ on S1983 claim -- given the dog attack and the choke-hold, inappropriate force remains a possibility.  No immunity for supervisory liability claim.

Concur/Dissent -- No supervisory liability.

USA v. Lawrence S. Duran, et al

Fourth Circuit -- US v. Roger Day, Jr.

Deft can be convicted for aiding and abetting after being only indicted for the principal offense - not an illicit variance.

No holding on circuit split issue of whether deft has standing to raise defense of speciality from variance between the extradition and the conviction.  Court reaches merits anyway, as Article III standing exists either way, and the speciality standing question is prudential.

Aing and abetting is not a separate offense for purposes of speciality analysis.

Intent in taking the gold to Mexico suffices for money laundering statute - not just the fact that the gold was hidden in the car.

Gold is "funds" for purposes of the money laundering statute.

De minimis acts during a conspiracy suffice for venue.

FRE: prejudicial report properly excluded; other bad act evidence correctly admitted, as intrinsic to the crime.

No Apprendi error in 3m fine, as deft admissions raised the statutory maximum.  Apprendi doesn't apply to restitution and forfeiture.

US v. Roger Day, Jr.

Fourth Circuit -- US v. Terrence Vaughan

Terry stop not unduly prolonged for 13 minutes while waiting for dog to arrive, given justifiable suspicions aroused by four cell phones of different makes on the dashboard and passengers' inconsistent stories about travel plans.


US v. Terrence Vaughan

Third Circuit -- Cheryl James v. Wilkes Barre City

When police officer insists that parent accompany minor child to the hospital, this is as a matter of law insufficient seizure for a false arrest claim under S1983.

Cheryl James v. Wilkes Barre City

Second Circuit -- United States v. Coplan

Klein conspiracy is a well-settled question - Scotus & circuit precedent endorsed.  No a common-law crime, but creature of the statute.

Insufficient evidence for conspiracy -- possibly just good faith tax prep.

Knowing joinder of conspiracy needed for Pinkerton culpability.

Much dicussion of sufficiency of the evidence for different counts of conspiracy.

As deft was trying to mislead IRS agents in SDNY, materiality requirement in statute means that venue is proper in SDNY.

Admission of statements by unindicted party sufficiently probative, as finder o fact could have decided that it was reasonable to think that the statements at issue found their way to the conspirators.

Admission of co-conspirator statements does not require formal finding of a conspiracy for each statement or conspirator.

No abuse of discretion in barring deposition transcript under hearsay when introduced for the purpose of proving general truthfulness during the deposition.

Prosc. referrencing matter in opening means that its not a new issue in rebuttals.

Given data known by deft, conscious avoidance instruction was appropriate.

District Court erred in imposing fine over statutory maximum.  Other sentencing not unreasonable.

United States v. Coplan

Second Circuit -- Ackerson v. City of White Plains, et al.

No probable cause to arrest on NY menacing charge if deft merely follows putative victim -- there must be physical threat.

 No qualified immunity for S1983 claim against officers & municipality.


Ackerson v. City of White Plains, et al.

First Circuit -- Newton v. LePage

Mural in a waiting room for government offices is not within a limited public forum.

Maintaining the appearance of neutrality is a legitimate government interest.

Adjusting artwork in offices is within the government's discretion.

(No stated holding on standing / identity of speaker.)

Newton v. LePage

First Circuit -- City of New Bedford v. Locke

Agency decision that its rulemaking is not subject to certain statutory constraints is itself entitled to Chevron deference.

Agency hard look sufficed for NEPA analysis requirement.

As for the fish, there ain't quite as many as there was a while ago.

City of New Bedford v. Locke

Federal Circuit -- THE FOX GROUP, INC. V. CREE, INC.

Patent claimant does not need to prove conception where reduction to practice is established and antedates the other claimant.

Reduction to practice is different from repeatability.

No case or controversy with reference to unasserted claims.

THE FOX GROUP, INC. V. CREE, INC.

[Again, folks, MB knows nothing about anything, but he knows especially nothing about patent law.  Entertainment purposes only.]

Tenth Circuit -- Hillsdale Environmental Loss v. United States Army Corps

Corps decision not an arbitrary & capricious vilation of NEPA/ Clean Water Act.

Quesition not prudentially moot, although project is substantially completed -- new considerations could spur additional mitigating actions.

Long read.

Hillsdale Environmental Loss v. United States Army Corps

Tenth Circuit -- Satterfield v. Malloy

Suit cannot be brought against a bankruptcy trustee for malfeasance without the permission of the Bankruptcy Court.

Allegation of improper motive does not allow suit under an ultra vires exception to this rule.

No private tort exception to the rule.

Rule applies even after the case has been closed.

Statutory cause of action inapposite.

Satterfield v. Malloy

Ninth Circuit -- ALASKA SURVIVAL V. STB

Indirect route from a location known for drug transactions wasn't sufficient probable cause for a search of he car under automobile exception.

There must be a safety risk to impound a vehicle under community caretaking function.

Dissent -

Police have discretion on when to remove a car from the road under community caretaking.

ALASKA SURVIVAL V. STB

Ninth Circuit -- USA V. IEV, JUVENILE MALE

Frisk during Terry stop after canine alert was not justified by suspicion of drug use -- no indicia of threat from the fidgety deft.

Lifting of shirt exceeded bounds o Terry stop, as incriminating character of brick of MJ was not immediately apparent.

Chief K, dissenting:

Search justified under totality.

Delay in the making of the search isn't per se evidence that officer safety wasn't a motive.


USA V. IEV, JUVENILE MALE

Ninth Circuit -- USA V. JESUS CERVANTES

Stay lifted - agency is the best decisionmaker, and the balance of hardships no longer favors petitioner.


USA V. JESUS CERVANTES

Seventh Circuit -- USA v. Bernard Foster

Conditional agreement to certain evidence does not waive objection to the material, once that objection has been clearly made.

Potential shift at the appeal stage in the basis for the objection from foundational to constitutional does not forfeit the argument on appeal.

Admission of CI statements not hearsay / didn't violate Confrontation Clause.

No abuse of discretion in denying a missing witness instruction where the prosecution allegedly kept the witness from testifying by intimidation/investigation.

Harmless error in FSA sentencing error, as court later said that it would have done the same anyway.

USA v. Bernard Foster

Seventh Circuit -- Marleen Laplant v. Northwestern Mutual

 Holder of an insurance annuity are not blocked from class action remedy by CAFA internal affairs provision.

Choice of law clauses in insurance contract cannot be invalidated by a claim that they are per se against the public policy of the issuing state.



Marleen Laplant v. Northwestern Mutual

Sixth Circuit -- Dixie Fuel Company, LLC v. Director, Office of Workers' Comp

ALJ erred in allowing single factor to prove diagnosis - all the evidence must be considered.

Dixie Fuel Company, LLC v. Director, Office of Workers' Comp

Sixth Circuit -- Jermaine Sutton v. Metropolitan Government of Nashville

No S1983 claim against a Terry stop when police officer called contact in cell phone left by perpetrator, then, using that information, detained/questioned petitioner at his place of work.

Terry stop should have ended when petitioner took out his own phone & showed to police.

When arrest was made after ID by eyewitness, subsequent S1983 claim challenging the arrest must plead some reason that the officer shoudl have disbelieved the eyewitness.

Forced removal from workplace escalated Terry stop to arrest.

No qualified immunity during duration of the Terry stop.

Jermaine Sutton v. Metropolitan Government of Nashville

Sixth Circuit -- USA v. Lavelle Parks

Penalty in statute after series of offenses applies to all offenses in the series.

No canon of lenity, as the statute is clear.

Plea was knowing and voluntary.

 USA v. Lavelle Parks

Fourth Circuit -- Antonia Rota-McLarty v. Santander Consumer USA, Incorporated

Interlocutory appeal under the Federal Arbitration Act -- jurisdiction through Commerce Clause - auto lending industry.

Integration clause binds, as the two agreements were part of the same transaction.


Where a contractual term exempts assignees from arbitration, but is conjoined with a list of qualifying circumstances, the term only affects assignees as described in those circumstances.

Default is distinct from waiver in arbitration law.

Given lack of delay and minimal use o the 'trial machinery', arbitration was not waived by default.



Antonia Rota-McLarty v. Santander Consumer USA, Incorporated

Second Circuit -- State of New York v. Shinnecock Indian Nation

Dissent from denial of en banc - Panel had held that when property claims arise only as a defense, tribes cannot remove state enforcement action to federal court.

State of New York v. Shinnecock Indian Nation

Federal Circuit -- SUPERIOR INDUSTRIES, LLC. V. THOR GLOBAL ENTERPRISES LTD.

Although the claims in the second suit were germane to the issues in the first suit, no issue preclusion under 8th Circuit law, as the second set of claims arose out of a different nucleus of operative facts. 

Claim met the lower threshold for patent pleading.

SUPERIOR INDUSTRIES, LLC. V. THOR GLOBAL ENTERPRISES LTD.

Federal Circuit -- REVISION MILITARY, INC. V. BALBOA MANUFACTURING CO.

Appropriate standard for patent injunctions is not 'clear likelihood of success' but that success is 'more likely than not.'

Prior art should have been used to inform the ordinary observer test.

REVISION MILITARY, INC. V. BALBOA MANUFACTURING CO.

DC Circuit -- Erie Brush & Manufacturing Corp. v. NLRB

A suggestion to mediate a claim doesn't per se break an impasse.

No substantial evidence for Board finding of impasse.




Erie Brush & Manufacturing Corp. v. NLRB

DC Circuit -- Northern Natural Gas Company v. FERC

Commission decision not to allow market rates upheld under Chevron.

Retroactive (to contracts currently awaiting completion of performance) application upheld, as petitioner didn't demonstrate actual reliance.


Northern Natural Gas Company v. FERC

Eleventh Circuit -- Roger Chavez v. Mercantil Commercebank, N.A.

Risk of loss on fraudulent money transfer did not pass to the customer, despite the statutory safe-harbor, as the agreed-upon procedures were insufficient. 

Roger Chavez v. Mercantil Commercebank, N.A.

Tenth Circuit -- Brown v. ScriptPro, LLC

Trial court did not err in granting summary judgment on FMLA unfair dismissal claim, as no rational factfinder could have found that the firing was for reasons other than the (legit) ones claimed.

Same for retribution claim.

No FLSA overtime violation when employee doesn't keep records in manner required by the company.

Brown v. ScriptPro, LLC

Tenth Circuit -- Buchheit v. Green

Petitioners claims barred by sovereign immunity.

No affirmative obligation on the courts to screen IFP petitions for merit. 

(Not moot, as capable of repetition etc, etc.)

Buchheit v. Green

Ninth Circuit -- USA V. KENIA MUNGUIA

Trial court erred in giving jury instruction that the meth statute scienter requirement was objective.  Statute is subjective, consideration must be given to limits of deft.

Concurrence: Speculative claims along these lines checked by FRE 403.


USA V. KENIA MUNGUIA

Ninth Circuit -- RICKY WAHCHUMWAH V. USA

No 4A violation in use of buttonhole A/V recorder by undercover agent.  Surveillance wasn't long enough to trigger Jones analysis.

Offering to sell eagle tail feathers is a lesser included offense within actually selling -- Blockberger requires that both offenses have an element exclusive to them.

Photos of birds not unduly prejudicial.

No Confrontation Clause issue in not allowing deft to confront tipper - the allegations weren't in for the truth of the matter asserted, they were just cited to prove legitimacy of the investigation.


RICKY WAHCHUMWAH V. USA

Ninth Circuit -- RICHARD STOKLEY V. CHARLES RYAN

Dissent from denial of death penalty en banc --  Potential Eddings errors (any possible mitigation is relevant to the sentencing phase, not just those mitigating factors with a causal nexus to the crime.)


RICHARD STOKLEY V. CHARLES RYAN

[Thou shalt not kill - MB]

Seventh Circuit -- Ping Zheng v. Eric H. Holder, Jr.

Subsequent bearing of two coldren doesn't justify reopening of immigration case, as it is a change in personal circumstances, not those in the foreign country -- despite claims of forced sterilization of those who exceed one child per household.


Ping Zheng v. Eric H. Holder, Jr.

Sixth Circuit -- In re: Charles Kassicieh

 Fees owed to a guadian ad litem are a 'domestic support obligations' and therefore non-dischargeable debt.

 In re: Charles Kassicieh

Third Circuit -- Gen Lin v. Attorney General USA

No error in BIA not reopening immigration claim -- no provenance for the newly discovered documents means that there was no prima facie case; also valid procedural bar to reconsideration

Gen Lin v. Attorney General USA

Second Circuit -- Kachalsky et al. v. Cty. of Westchester et al.

New York 'proper cause' requirement to carry handgun doesn't offend 2A, 14A.

Gist of McDonald is guns at home -- carrying is a different calculus.

Quasi-strict scrutiny.

 

Kachalsky et al. v. Cty. of Westchester et al.

First Circuit -- Manganella v. Evanston Insurance Company

Arbitration judgment bars claims in a later court action under collateral estoppel, as the legal question is similar to the company policy question decided. 

For issue preclusion to bind, the issues aren't limited to those necessary to the disposition of the first case case, but to the actual, enunciated holding of the first case.


Manganella v. Evanston Insurance Company

First Circuit -- US v. Medina-Villegas

Trial court sufficiently explained the reasons for the sentence.

Life without possibility of release not substantively unreasonable when within guidelines ranges.

Law of the case bars deft from raising waived double jeopardy claim.

US v. Medina-Villegas

First Circuit -- US v. Roszkowski

Trial court did not abuse discretion in barring CI from testifying to prove entrapment -- deft had to meet an 'entry level burden' of production.

 Discharge of weapon during arrest isn't an unrelated bad act for purposes of FRE when charge is weapons possession - part & parcel.

Deft talking about hollowpoint bullets durong taped phone call not a a bad act, just part of the narrative of the crime.

Federal gun possession statutes not rendered unconstitutional by Sibelius under insufficient-commerce-for-the-commerce-clause theory.

 US v. Roszkowski

Ninth Circuit -- USA V. LOMANDO SCOTT

When deft raises argument justifying dismissal but doesn't ask for the dismissal, deft does not waive the challenge.

Gov't sufficiently discussed automobile exception 4A theory before magistrate judge - not waived.

Automobile exception justified where deft was going in and out of the car prior to the search.

Concur in J:

Yes, but only because the lower courts never ruled clearly on the question of waiver.

USA V. LOMANDO SCOTT

Ninth Circuit -- MOUNT HOPE CHURCH V. BASH BACK!

Court can't award costs and fees under 45(c)1 for a bad subpoena absent bad faith, facially defective instrument, or significant cost to injured parties.


MOUNT HOPE CHURCH V. BASH BACK!

Eighth Circuit -- Leslie Montgomery v. Kyle Havner

Telephoning a supervisor to question a 10 minute variance in clockout time isn't a sufficient predicate for a FLSA retaliation claim.

 Leslie Montgomery  v.  Kyle Havner

Eighth Circuit -- United States v. Levonia T. Grey

Two eyewitnesses can be enough to establish illicit possession of a firearm.

United States v. Levonia T. Grey



 

Eighth Circuit -- United States v. Scott Boyle

Where jury convicted on one of two possible theories, and there was no explicit instruction that one theory was correct and the other not, their verdict must still be presumed to be on the legit theory if the illicit theory was later held to lack sufficient evidence.

No double jeopardy where the second theory is distinct.

Not showing explicit images to the audience isn't a closing of the trial.

Sufficient evidence.

United States v. Scott Boyle

Eighth Circuit -- United States v. Mark Shore

Uncharged bad acts for purposes of FRE 404 are in fact charged acts if they happened during the pendency of an alleged conspiracy.

Deft's admission during the search that he was unemployed, even though not disclosed pretrial, couldn't have swayed the verdict - no plain error in allowing.

Prosc witness calling heroin very dangerous didn't sway the trial.

Acknowledging the validity of the warrant doesn't close the door to prosc introducing CI testimony outside the confrontation clause if the deft is alleging inappropriate targeting in general by law enforcement.

Jury instruction didn't improperly track prosc witness testimony.

No plain error in sentencing.

United States  v.  Mark Shore

Eighth Circuit -- United States v. Damon LaRoche

Possible error in imposing a sentencing bump for using a 'dangerous weapon' when the deft bit someone was harmless, as the judge said that he would sentence in that range anyway.

United States  v.  Damon LaRoche

Seventh Circuit -- Hafsa Shaikh v. Eric H. Holder, Jr.

Asylum denial upheld - lower court's finding that the reason for persecution was not primarily political doesn't mean that the lower statutory requirement (one of the central factors) wasn;t met as well.
 
Hafsa Shaikh v. Eric H. Holder, Jr.

Seventh Circuit -- Jay Embry v. City of Calumet City

Supervisor of Streets and Alleys is a patronage job, as it relates to policymaking.  (Largely due to the size of the department.)  S1983 suit TKO'd.

Jay Embry v. City of Calumet City