U.S. Court of Appeals for the Eighth Circuit Cases ©     Coverage   Help   Search Westlaw   Topic: AllAntitrust & Trade RegulationBankruptcyCivil RightsCommercial Law & ContractsCriminal JusticeEnergyFamily LawGovernment BenefitsImmigrationInsuranceIntellectual PropertyInternational LawLabor & EmploymentLegal EthicsNative Americans LawPension & Retirement BenefitsProducts LiabilityTaxation S.A.; R.A.S.; R.S.; M.W., Appellants, v. Kathleen SEBELIUS, [FN1] Secretary of U.S. Department of Health and Human Services, Appellee. FN1. Kathleen Sebelius has been appointed to serve as Secretary of the Department of Health and Human Serv, C.A.8 (Mo.), November 19, 2009 Appeal from the United States District Court for the Western District of Missouri. [UNPUBLISHED] PER CURIAM. This is an action for review of an administrative claim for Medicare benefits. Four Medicare beneficiaries, whose claims for coverage were denied under a Local Coverage Determination (LCD) by Medicare contractor Blue Cross Blue Shield of Kansas, appeal from the district court's [FN2] order affirming the decision of the Secretary of the Department of Health and Human Services to... David WILLIAMS, Appellant, v. Anthony BRADLEY, Correctional Officer, Jefferson County Jail/Correctional Facility, ADC; Ronald Bailey, Lt., Maximum Security Unit, ADC; Tommy James, Assistant Warden, Maximum Security Unit, ADC; Greg Harmon, Warden, E, C.A.8 (Ark.), November 18, 2009 Appeal from the United States District Court for the Eastern District of Arkansas. [UNPUBLISHED] PER CURIAM. Inmate David Williams appeals the district court's [FN1]adverse grant of summary judgment in his 42 U.S.C. § 1983 action. Having conducted de novo review of the record, we conclude that the district court properly granted summary judgment in this matter. See Mason v. Corr. Med. Servs., Inc., 559 F.3d 880, 884-85 (8th Cir.2009) (standard of review); see also Reed v. Lear Corp., 556 ... Olen E. GIBSON, Appellant, v. KANSAS CITY POWER & LIGHT COMPANY, Appellee, Access Program, Defendant, Great Plains Energy, Defendant, Terry Bassham; David Bodde; Jennifer Butler; Lora Cheatum; Michael J. Chesser; William Downey; Mark English; Ma, C.A.8 (Mo.), November 18, 2009 Appeal from the United States District Court for the Western District of Missouri. [UNPUBLISHED] PER CURIAM. Olen Gibson appeals from the District Court's [FN1] dismissal of his employment-discrimination action against his former employer. Upon careful de novo review, see Yankton Sioux Tribe v. U.S. Dep't of Health and Human Servs., 533 F.3d 634, 639 (8th Cir.2008) (standard of review), we conclude that the dismissal was proper. Accordingly, we affirm. See 8th Cir. R. 47B. FN1. T... Sherry SMITH, Appellant, v. Michael J. ASTRUE, Commissioner of Social Security, Appellee. , C.A.8 (Mo.), November 18, 2009 Appeal from the United States District Court for the Western District of Missouri. [UNPUBLISHED] PER CURIAM. Sherry Smith appeals the district court's [FN1] order affirming the denial of disability insurance benefits and supplemental security income. Smith alleged disability since March 2002 from a foot injury, asthma, migraines, depression, ankle tendonitis, knee problems, and seizures. At a subsequent hearing, she requested intelligence testing, and following the testing, she conten... UNITED STATES of America, Appellee, v. Marzett L. PARKER, Appellant. , C.A.8 (Mo.), November 18, 2009 Appeal from the United States District Court for the Western District of Missouri. Donald R. Cooley, Springfield, MO, argued, for appellant. Randall D. Eggert, Asst. U.S. Atty., Springfield, MO, argued (Matt J. Whitworth, Acting U.S. Atty., Kansas City, MO, on the brief), for appellee. SHEPHERD, Circuit Judge. Marzett L. Parker appeals the district court's [FN1] denial of his motion to suppress evidence obtained during a vehicle search, motion for a continuance or exclusion of ide... UNITED STATES of America, Plaintiff-Appellee, v. Bobby Keith MOSER, Defendant, Barry J. Jewell, Petitioner-Appellant. , C.A.8 (Ark.), November 18, 2009 Appeal from the United States District Court for the Eastern District of Arkansas. Shelly H. Koehler, argued, Little Rock, AR (Samuel A. Perroni, Barry, Jewell, on the brief), for appellant. Stefan Dante Cassella, Special AUSA, argued, Alexandria, VA (Clarence Daniel Stripling, AUSA, on the brief), Little Rock, AR, for appellee. MELLOY, Circuit Judge. Barry J. Jewell sought attorneys' fees pursuant to the Civil Asset Forfeiture Reform Act ("CAFRA"), codified in part at 28 U.S.C. § ... UNITED STATES of America, Appellee, v. William M. DAVIS, Appellant. , C.A.8 (Mo.), November 17, 2009 Appeal from the United States District Court for the Eastern District of Missouri. Keith D. Sorrell, U.S. Attorney's Office, Cape Girardeau, MO, for Appellee. William M. Davis, Jackson, MO, pro se. Michael Skrien, Federal Public Defender's Office, Cape Girardeau, MO, for Appellee. [UNPUBLISHED] PER CURIAM. In this direct criminal appeal, William Davis challenges the sentence imposed by the district court [FN1] after he pled guilty to being a felon in possession of a firearm, ... Barbara BROWN, Appellant, v. J.B. HUNT TRANSPORT SERVICES, INC., Defendant/Appellee, Prudential Insurance Company of America, Intervenor Defendant/Appellee. , C.A.8 (Ark.), November 17, 2009 Appeal from the United States District Court for the Eastern District of Arkansas. Luther Oneal Sutter, argued, Benton, AR, for appellant. Ellen L. Perlioni, argued, Dallas, TX (Melissa Mona Hensley, Sharon Fast Fulgham, on the brief), for Appellee Prudential Ins. Co. Mark D. Spencer, argued, Oklahoma City, OK (Charles W. Reynolds, Little Rock, AR, Brandon P. Long, on the brief), for Appellee J.B. Hunt Transportation. RILEY, Circuit Judge. Barbara Brown (Brown) hurt her knee whi... UNITED STATES of America, Appellee, v. Melvin Dwayne HENRE, Appellant. , C.A.8 (Mo.), November 16, 2009 Appeal from the United States District Court for the Western District of Missouri. Michael S. Oliver, U.S. Attorney's Office, Springfield, MO, for Appellee. Melvin Dwayne Henre, Leavenworth, KS, pro se. Ian A. Lewis, Assistant, Federal Public Defender's Office, Springfield, MO, for Appellant. [UNPUBLISHED] PER CURIAM. Melvin Henre pled guilty to threatening a federal law enforcement officer, in violation of 18 U.S.C. § 115(a)(1)(B). The district court [FN1] sentenced him to 7... UNITED STATES of America, Appellee, v. Adolfo VARGAS-VASQUEZ, also known as Jesus Vargas-Vasquez, Appellant. , C.A.8 (Ark.), November 16, 2009 Appeal from the United States District Court for the Western District of Arkansas. Steven Northup Snyder, Sr., U.S. Attorney's Office, Fort Smith, AR, for Appellee. Angela Lorene Pitts, Assistant, John B. Schisler, Assistant, Federal Public Defender's Office, Fayetteville, AR, for Appellant. Adolfo Vargas-Vasquez, Three Rivers, TX, pro se. [UNPUBLISHED] PER CURIAM. Adolfo Vargas-Vasquez appeals the within-Guidelines-range sentence imposed by the district court [FN1] upon his ... Clyde E.L. MANSFIELD, Appellant, v. Marty C. ANDERSON, Appellee. , C.A.8 (Mo.), November 16, 2009 Appeal from the United States District Court for the Western District of Missouri. Ann M. Koszuth, Federal Public Defender's Office, argued, Springfield, MO, for Appellant. Clyde E.L. Mansfield, White Deer, PA, pro se. Cynthia Jean Hyde, U.S. Attorney's Office, Joseph T. McGuire, argued, Springfield, MO, for Appellee. [UNPUBLISHED] PER CURIAM. Federal inmate Clyde Mansfield appeals the district court's [FN1] dismissal without prejudice of his petition for a writ of habeas cor... Phillip Eugene PARMLEY, Plaintiff-Appellant, v. Larry NORRIS, Director, Arkansas Department of Corrections, agent of Arkansas Department of Corrections, Defendant-Appellee. , C.A.8 (Ark.), November 16, 2009 Appeal from the United States District Court for the Western District of Arkansas. Michael Dudley Day, argued, Meridem, CT, for appellant. Christian Harris, AAG, argued, Little Rock, AR (Lauren E. Heil, AAG, on the brief), for appellee. MELLOY, Circuit Judge. Philip Eugene Parmley, an Arkansas inmate convicted of possession of methamphetamine, appeals the district court's [FN1] order dismissing his petition for habeas corpus relief as untimely. This case presents the issue of whic... UNITED STATES of America, Appellee, v. Donald W. BAIN, Jr., Appellant. , C.A.8 (Iowa), November 16, 2009 Appeal from the United States District Court for the Southern District of Iowa. Shannon Leigh Olson, AUSA, argued, Des Moines, IA, for Appellee. Kent A. Simmons, argued, Davenport, IA, for Appellant. [PUBLISHED] PER CURIAM. Donald W. Bain, Jr., pled guilty to one count of receiving and distributing child pornography (Count 1), and one count of possession of child pornography (Count 2), 18 U.S.C. §§ 2252(a)(2), 2256. The district court [FN2] sentenced him to 210 months imprisonme... UNITED STATES of America, Appellee, v. Shawn TULL, Appellant. , C.A.8 (Neb.), November 13, 2009 Appeal from the United States District Court for the District of Nebraska. Bruce Gillan, U.S. Attorney's Office, Lincoln, NE, for Appellee. Carlos A. Monzon, Lincoln, NE, for Appellant. Shawn Tull, Oakdale, LA, pro se. [UNPUBLISHED] PER CURIAM. Shawn Tull appeals the district court's [FN1] judgment entered after a jury found him guilty of possessing with intent to distribute 100 kilograms or more of a mixture containing marijuana, in violation of 21 U.S.C. § 841(b)(1)(B) and 1... Bobby Joe OLLES, Appellant, v. Larry NORRIS, Director, Arkansas Department of Correction; Harley Lappin; Ray Carnahan, United States Marshal Service; Randy Johnson, Sheriff, Pulaski County Detention Facility, Appellees. , C.A.8 (Ark.), November 13, 2009 Appeal from the United States District Court for the Eastern District of Arkansas. [UNPUBLISHED] PER CURIAM. Bobby Joe Olles (Olles) appeals the district court's [FN1] denial of his motion under Federal Rule of Civil Procedure 60(b). Having carefully reviewed the record and Olles's arguments, we find the district court did not abuse its discretion. See Jones v. Swanson, 512 F.3d 1045, 1048 (8th Cir.2008) (explaining that the district court has wide discretion in ruling on a Rule 60(b)... Jerald W. FITZWATER; Iris F. Fitzwater; Bishop A. Louis Vaughn, Sr ., also known as Alton Louis Vaughn, Sr., Appellants, v. J. Skipper RAY, In his Professional Capacity as State of Arkansas Practicing Attorney and in his Personal Capacity; Polly Le, C.A.8 (Ark.), November 13, 2009 Appeal from the United States District Court for the Western District of Arkansas. [UNPUBLISHED] PER CURIAM. Jerald Fitzwater, Iris Fitzwater, and Bishop A. Louis Vaughn, Sr., appeal the District Court's [FN1] order dismissing their complaint without prejudice for failure to comply with an order directing them to file within fourteen days an amended complaint in conformity with Rule 8 of the Federal Rules of Civil Procedure. Following careful review, we find no abuse of discretion. Se... John Michael YODER, Appellant, v. UNITED STATES of America, Appellee. , C.A.8 (Iowa), November 13, 2009 Appeal from the United States District Court for the Southern District of Iowa. [UNPUBLISHED] PER CURIAM. John Yoder appeals the district court's [FN1] denial of his 28 U.S.C. § 2255 motion to vacate the sentence imposed after he was convicted of being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2), and 924(e)(1). The district court issued a certificate of appealability on whether counsel was ineffective in failing to challenge the... UNITED STATES of America, Appellee, v. Timmie Durrell COLE, Sr., Appellant. , C.A.8 (Iowa), November 13, 2009 Appeal from the United States District Court for the Southern District of Iowa. Shannon Leigh Olson, Richard D. Westphal, U.S. Attorney's Office, Des Moines, IA, for Appellee. Timmie Durrell Cole, Sr., Terre Haute, IN, pro se. Paul Rosenberg, Paul Rosenberg & Associates, Des Moines, IA, for Appellant. [UNPUBLISHED] PER CURIAM. In this appeal following remand, federal inmate Timmie Durrell Cole, Sr., appeals the district court's [FN1] denial of his motion for return of propert... In re BAYCOL PRODUCTS LITIGATION, Gary Burke and Joyce R. Burke, Appellants, Mary Eunice Brewer; James B. Brewer; Kathy Gembarowicz; Alma Lee Harmon; Monica A. Jordan, Plaintiffs, v. Bayer AG; Bayer Corporation; GlaxoSmithKline PLC, individually , C.A.8 (Minn.), November 13, 2009 Appeal from the United States District Court for the District of Minnesota. Richard J. Lutzel, Lutzel & Broadway, Mooresville, NC, for Plaintiffs. Philip S. Beck, Adam Hoeflich, Bartlit & Beck, James W. Mizgala, Susan A. Weber, Sidley & Austin, Chicago, IL, Richard K. Dandrea, Eckert & Seamans, Pittsburgh, PA, Mary M. Dillon, Richard W. Ellis, Ellis & Winters, Raleigh, NC, Eamon Paul Joyce, Sidley & Austin, New York, NY, Douglas R. Marvin, Williams & Connolly, Paul John Zidlicky, Sidley &... Albert BELL, Petitioner-Appellant, v. Larry NORRIS, Director, Arkansas Department of Correction, Respondent-Appellee. , C.A.8 (Ark.), November 13, 2009 Appeal from the United States District Court for the Eastern District of Arkansas. Mark Diamond, Ballwin, MO, for petitioner-appellant. Kelly Hill, SR. AAG, Little Rock, AR, for respondent-appellee. MELLOY, Circuit Judge. In this habeas case involving two consecutive sentences of life imprisonment for a minor, the question we face is whether the Arkansas Supreme Court identified and reasonably applied the correct legal standard for assessing whether the minor made a knowing and int... ESTATE OF Helen CHRISTIANSEN, Deceased, Christine Christiansen Hamilton, Personal Representative, Petitioner-Appellee, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellant. , C.A.8, November 13, 2009 Appeal from the United States Tax Court. Keri D. Brown, John William Porter, Baker & Botts, argued, Houston, TX, for Petitioner-Appellee. Bethany B. Hauser, Nathan Hockman, Teresa E. McLaughlin, U.S. Department of Justice, George Masnik, U.S. Internal Revenue Service Office of Chief Counsel, argued, Washington, DC, for Respondent-Appellant. MELLOY, Circuit Judge. The Tax Court [FN1] held that a partial disclaimer was valid at least as to an amount that subsequently passed to a foun... UNITED STATES of America, Appellee, v. Larry D. SADDLER, Appellant. , C.A.8 (Mo.), November 12, 2009 Appeal from the United States District Court for the Western District of Missouri. [UNPUBLISHED] PER CURIAM. Larry Saddler appeals following the district court's [FN1] order revoking his supervised release and imposing a revocation sentence of 24 months in prison. Upon careful review, we conclude the district court did not abuse its discretion in revoking supervised release, see United States v. Edwards, 400 F.3d 591, 592 (8th Cir.2005) (per curiam); and we also conclude the revocatio... UNITED STATES of America, Appellee, v. Brandon Allen WICKMAN, Appellant. , C.A.8 (Minn.), November 12, 2009 Appeal from the United States District Court for the District of Minnesota. [UNPUBLISHED] PER CURIAM. Brandon Allen Wickman pled guilty to being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). After holding that two of his prior convictions for terroristic threats in violation of Minn.Stat. § 609.713(1) were "crimes of violence" under the United States Sentencing Guidelines Manual (USSG) § 4B 1.2(a), the district court [FN1] imposed a sentence o... UNITED STATES of America, Appellee, v. Kevin Gerome LEGGITON, Appellant. , C.A.8 (Ark.), November 12, 2009 Appeal from the United States District Court for the Western District of Arkansas. [UNPUBLISHED] PER CURIAM. Kevin Leggiton (Leggiton) challenges the 235-month sentence the district court [FN1] imposed after Leggiton pled guilty to production of child pornography, in violation of 18 U.S.C. § 2251(a) and (e). Counsel has moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967), suggesting that the sentence the district court imposed is excessive. FN1. The... UNITED STATES of America, Appellee, v. Damon S. BRYANT, Appellant. , C.A.8 (Mo.), November 12, 2009 Appeal from the United States District Court for the Western District of Missouri. [UNPUBLISHED] PER CURIAM. Pursuant to a written plea agreement, Damon S. Bryant pleaded guilty to conspiring to distribute 3,4 methylenedioxymethamphetamine (ecstasy) and fifty grams or more of cocaine base (crack). He also agreed to forfeit any proceeds from his involvement in the conspiracy. The District Court [FN1] sentenced him to the statutory minimum of 120 months in prison and five years of super... Darnell Allen BROWDER, Plaintiff, Darryl Browder, Appellant, v. SPO CAM; Erin Costanzo; Hardy; Estate of Sean Wissink; City of Des Moines; Scarlett-# 4937, Appellees. Darnell Allen Browder, Appellant, Darryl Browder, Plaintiff, v. SPO Cam; Eri, C.A.8 (Iowa), November 12, 2009 Appeals from the United States District Court for the Southern District of Iowa. [UNPUBLISHED] PER CURIAM. Darryl Browder and Darnell Browder appeal the district court's [FN1] judgment dismissing their 42 U.S.C. § 1983 suit upon an adverse jury verdict. For reversal, they revisit their complaint, challenge various evidentiary rulings, complain of other trial-related matters, and argue that certain defendants should not have been dismissed pursuant to the voluntary- dismissal motion of t... UNITED STATES of America, Appellee, v. Craig Devin MILLER, Appellant. , C.A.8 (Mo.), November 12, 2009 Appeal from the United States District Court for the Eastern District of Missouri. Thomas Joseph Mehan, U.S. Attorney's Office, St. Louis, MO, for Appellee. Craig Devin Miller, Greenville, IL, pro se. Steven Vincent Stenger, Klar & Izsak, St. Louis, MO, for Appellant. [UNPUBLISHED] PER CURIAM. Craig Miller challenges the sentence the district court [FN1] imposed after he pled guilty to a drug crime. On appeal, his counsel has moved to withdraw and has filed a brief under Ande... UNITED STATES of America, Appellee/Cross-Appellant, v. Rodney Jay JENSEN, Appellant/Cross-Appellee. , C.A.8 (Iowa), November 12, 2009 Appeals from the United States District Court for the Northern District of Iowa. COLLOTON, Circuit Judge. The district court sentenced Rodney Jay Jensen to a term of 180 months' imprisonment after he was convicted of conspiracy to distribute 500 grams or more of methamphetamine and possession with intent to distribute 500 grams or more of methamphetamine. Jensen was subject to a mandatory term of life imprisonment under 21 U.S.C. §§ 841(b)(1)(A) and 851, but the government moved the dist... UNITED STATES of America, Appellee, v. Edward WHITTINGTON, Appellant. , C.A.8 (Mo.), November 12, 2009 Appeal from the United States District Court for the Eastern District of Missouri. Lee Lawless, AFPD, argued, St. Louis, MO, for Appellant. Steven E. Holtshouser, AUSA, argued, St. Louis, MO, for Appellee. RILEY, Circuit Judge. Edward Whittington (Whittington) was charged with multiple counts of preparing false tax returns. Whittington's counsel requested a hearing to determine whether Whittington was competent to stand trial. The district court [FN1] found Whittington was compete... Robert Bryan HOLT, Appellee, v. Larry NORRIS, Director of the Arkansas Department of Correction, Appellant. , C.A.8 (Ark.), November 10, 2009 Appeal from the United States District Court for the Eastern District of Arkansas. Steven Ray Davis, Little Rock, AR, for Appellee. Robert Bryan Holt, Jonesboro, AR, pro se. Kelly Hill, Attorney General's Office, Little Rock, AR, for Appellant. [UNPUBLISHED] PER CURIAM. Larry Norris, Director of the Arkansas Department of Correction (the State), appeals the district court's [FN1] order dismissing Robert Holt's 28 U.S.C. § 2254 petition without prejudice for failure to exhaust... UNITED STATES of America, Appellee, v. Hipolito BARAJAS-ORTIZ, also known as Polo, Appellant. , C.A.8 (Ark.), November 10, 2009 Appeal from the United States District Court for the Western District of Arkansas. Kenneth P. Elser, U.S. Attorney's Office, Fort Smith, AR, for Appellee. Ken Osborne, Fayetteville, AR, for Appellant. Hipolito Barajas-Ortiz, Oklahoma City, OK, pro se. [UNPUBLISHED] PER CURIAM. In this direct criminal appeal, Hipolito Barajas-Ortiz challenges the withinGuidelines-range sentence imposed by the district court [FN1] after he pled guilty to distribution of methamphetamine, in viol... Jimmy J. MICIUS; Elsie M. Mayard, Appellants, v. CITY OF ST. PAUL; John M. Harrington, Chief of Police, St. Paul Police Department; Officer Etienne; Officer Yunker; Officer Cheshier; John Does; Jane Roes, Appellees. , C.A.8 (Minn.), November 10, 2009 Appeal from the United States District Court for the District of Minnesota. Jimmy J. Micius, St. Paul, MN, pro se. Elsie M. Mayard, St. Paul, MN, pro se. Portia Hampton-Flowers, City of Saint Paul, St. Paul, MN, for Appellees. [UNPUBLISHED] PER CURIAM. Jimmy J. Micius and Elsie Mayard appeal following the district court's [FN1] adverse grant of summary judgment in their 42 U.S.C. § 1983 action. Having carefully reviewed the record, see Johnson v. Blaukat, 453 F.3d 1108, 1112 ... Ronald E. BYERS, Appellant, v. COMMISSIONER of INTERNAL REVENUE, Appellee. , C.A.8, November 10, 2009 Appeal from the United States Tax Court. Ronald E. Byers, Wayzata, MN, pro se. Christine Durney Mason, Bruce R. Ellisen, Richard T. Morrison, Gilbert Steven Rothenberg, Deputy, U.S. Department of Justice, Donald L. Korb, U.S. Internal Revenue Service Office of Chief Counsel, Washington, DC, for Appellee. [UNPUBLISHED] PER CURIAM. Ronald Byers challenges the tax court's [FN1] decision, after a bench trial, upholding the IRS's determination of his taxable income for tax years 1999... Henry WEBB, Appellant, v. Unknown GENSLER, Dr., Medical of Douglas County Jail; Douglas County Jail, Omaha, Appellees. , C.A.8 (Neb.), November 10, 2009 Appeal from the United States District Court for the District of Nebraska. Henry Webb, Lincoln, NE, pro se. Stanton N. Beeder, Keith T. Peters, Andrew D. Strotman, Cline & Williams, Lincoln, NE, for Appellees. [UNPUBLISHED] PER CURIAM. Henry Webb appeals the district court's [FN1] dismissal without prejudice of his 42 U.S.C. § 1983 action. Upon de novo review, see Northstar Indus., Inc. v. Merrill Lynch & Co., 576 F.3d 827, 831 (8th Cir.2009), we agree with the district court tha... Reggie WHITE; Michael Buck, Hardy Hardy Nickerson; Vann McElroy; Dave Duerson, Appellees, v. NATIONAL FOOTBALL LEAGUE; The Five Smiths, Inc.; Buffalo Bills, Inc.; Chicago Bears Football Club, Inc.; Cincinnati Bengals, Inc.; Cleveland Browns, Inc.; , C.A.8 (Minn.), November 10, 2009 Appeal from the United States District Court for the District of Minnesota. Gregg Howard Levy, argued, Washington, DC (Benjamin C. Block, Ann O'Connell, on the brief, Washington, DC, Daniel J. Connolly, Bruce Jones, on the brief, Minneapolis, MN), for Appellant. Jeffrey L. Kessler, argued, New York, N.Y. (Edward M. Glennon, Mark Alan Jacobson, on the brief, Minneapolis, MN, James W. Quinn, Bruce S. Meyer, David G. Feher, Eva W. Cole, on the brief, New York, NY), for Appellee. WOLLMAN, ... Cardrick D. FLOWERS, Appellant, v. Larry NORRIS, Director, Arkansas Department of Correction, Appellee. , C.A.8 (Ark.), November 10, 2009 Appeal from the United States District Court for the Eastern District of Arkansas. Linda S. Sheffiled, Atlanta, GA, for appellant. Christian Harris, AAG, Little Rock, AR, for appellee. GRUENDER, Circuit Judge. Cardrick D. Flowers was charged in Arkansas state court with aggravated robbery, theft of property, and being a felon in possession of a firearm. A jury found Flowers guilty of all three charges, and the trial court sentenced him to an aggregate term of 480 months' imprisonme... Reginald CLEMONS; Richard D. Clay; Jeffrey R. Ferguson; Roderick Nunley, Plaintiffs, Michael Anthony Taylor; Martin Link; Mark Christeson; William L. Rousan; John Charles Middleton; Russell Earl Bucklew; Earl Ringo, Jr ., Intervenor Plaintiffs/Appel, C.A.8 (Mo.), November 10, 2009 Appeals from the United States District Court for the Western District of Missouri. Matthew S. Hellman, argued, Washington, DC (John William Simon, St. Louis, MO, on the brief), for Appellant. James Robert Layton, AAG, Jefferson City, MO (Michael Pritchett, Stephen D. Hawke, Assistant Attoneys General, on the brief), for Appellee. Donald B. Verrilli, Jr., Ginger D. Anders, Carrie F. Apfel, Washington, DC, for Appellant, Michael Taylor. Mark J. Stien, David Elbaum, John C. Anderson, Ne... Unseld NANCE, Sr., individually and as the natural father and next friend of Unseld Nance, Jr.; Pamela Farrow, Plaintiffs-Appellees, v. Erik SAMMIS, individually; Jimmy Evans, individually; William Johnson, individually; Robert Paudert, individuall, C.A.8 (Ark.), November 10, 2009 Appeal from the United States District of Arkansas. Christian C. Michael, argued, Little Rock, AR, (Paul G. Charton on the brief), for appellant. Don E. Trimble, Little Rock, AR, for appellee. MURPHY, Circuit Judge. This case arises from the fatal shooting of DeAunta Farrow and seizure of Unseld Nance by two police officers in West Memphis, Arkansas. The families of Farrow and Nance brought this action under 42 U.S.C. § 1983 and state law against the two officers, as well as the chi... Robert McCOY; Mary McCoy; Ervin Lea; Felix Lea, Appellants, v. CARTER-JONES TIMBER COMPANY; State of Arkansas; Mike Beebe, Governor of Arkansas; Tina Brazil Jackson, Appellees. , C.A.8 (Ark.), November 9, 2009 Appeal from the United States District Court for the Eastern District of Arkansas. [UNPUBLISHED] PER CURIAM. Appellants Robert and Mary McCoy (the McCoys) and Ervin and Felix Lea (the Leas) appeal the district court [FN1]'s dismissal of their 42 U.S.C. § 1983 and state-law false imprisonment claims. The district court dismissed Appellants' case because: it lacked subject-matter jurisdiction over the McCoys' § 1983 claim under the Rooker-Feldman doctrine; Appellants' § 1983 claim agai... UNITED STATES of America, Appellee, v. Veronica PERALES, also known as Veronica Ramirez, Appellant. , C.A.8 (Neb.), November 9, 2009 Appeal from the United States District Court for the District of Nebraska. Bruce Gillan, U.S. Attorney's Office, Lincoln, NE, for Appellee. Veronica Perales, Leavenworth, KS, pro se. John Vanderslice, Assistant, Federal Public Defender's Office, Lincoln, NE, for Appellant. [UNPUBLISHED] PER CURIAM. Veronica Perales appeals the sentence the district court [FN1] imposed upon revoking her supervised release, arguing that the sentence should have been more lenient, and that the co... Woodrow ANDERSON, Appellant, v. James PURKETT, Superintendent, ERDCC; Terry Bishop, RN; Deborah Carter, RN, Defendants, CMS; Charles Chastain, Doctor; Donna Adams, RN; Tina Hayes, RN; Tymber Spray, RN, Director of Nursing, Appellees. , C.A.8 (Mo.), November 9, 2009 Appeal from the United States District Court for the Eastern District of Missouri. Woodrow Anderson, Farmington, MO, pro se. Warden-Mo, Farmington, MO, for Appellant. Peter J. Dunne, Jessica L. Liss, Rabbitt & Pitzer, St. Louis, MO, John J. Treu, Assistant General Counsel, Correctional Medical Services, Jefferson City, MO, for Appellees. [UNPUBLISHED] PER CURIAM. Missouri inmate Woodrow Anderson appeals following the district court's [FN1] adverse grant of summary judgment in h... Laura M. RIVERA, Appellee, v. Tim REISCH, Secretary of the Department of Corrections; Duane Russell, Warden of the S.D. Women's Prison, Appellants. , C.A.8 (S.D.), November 9, 2009 Appeal from the United States District Court for the District of South Dakota. Mike Abourezk, Abourezk Law Firm, Rapid City, SD, for Appellee. Michael F. Shaw, May & Adam, Pierre, SD, for Appellants. [UNPUBLISHED] PER CURIAM. Defendants appeal the district court's denial of qualified immunity in this 42 U.S.C. § 1983 action brought by South Dakota inmate Laura Rivera, in which she alleged that defendants were deliberately indifferent to her serious mental health needs in violation... UNITED STATES of America, Appellee, v. Dennis KEELY, Appellant. , C.A.8 (Mo.), November 9, 2009 Appeal from the United States District Court for the Eastern District of Missouri. Thomas S. Rea, Michael A. Reilly, U.S. Attorney's Office, St. Louis, MO, for Appellee. Lucille Gardner Liggett, Assistant, Federal Public Defender's Office, St. Louis, MO, for Appellant. [UNPUBLISHED] PER CURIAM. In this direct criminal appeal, Dennis Keely challenges the sentence the district court [FN1] imposed after he pleaded guilty to possessing with intent to distribute five grams or more of... James E. NORMAN, Appellee, v. Tim SCHUETZLE; Marc Schwehr; Mary Materi, Appellants. James E. Norman, Appellee, v. Dan Wrolstad, Appellant. , C.A.8 (N.D.), November 9, 2009 Appeals from the United States District Court for the District of North Dakota. [PUBLISHED] HANSEN, Circuit Judge. Following an attack by a fellow inmate, James Norman, the appellee and an inmate at the North Dakota State Penitentiary (NDSP), filed a 42 U.S.C. § 1983 claim against various prison officials for their alleged failure to protect him in violation of the Eighth Amendment. The district court granted qualified immunity to all but four of the prison officials, who then filed the... Edward W. SUNDER; Louis R. Jarodsky, Plaintiffs-Appellees, v. U.S. BANCORP PENSION PLAN, Defendant, U.S. Bank Pension Plan, Defendant-Appellant, Mercantile Bank Horizon 401(k) Investment & Savings Plan; Mercantile Bank Cash Balance Retirement Pla, C.A.8 (Mo.), November 9, 2009 Appeals from the United States District Court for the Eastern District of Missouri. [PUBLISHED] HANSEN, Circuit Judge. These consolidated appeals and cross-appeal involve disputes under the Employee Retirement Income Security Act (ERISA) regarding a plan amendment and the amount of retirement benefits awarded to Edward W. Sunder and Louis R. Jarodsky, both of whom were participants in a pension plan sponsored by their employer and now known as the U.S. Bank Pension Plan ("USBPP"). [FN1... Aida Fary DIOP, Petitioner, v. Eric H. HOLDER, Jr., Attorney General of the United States, Respondent. , C.A.8, November 9, 2009 Petition for Review of an Order of the Board of Immigration Appeals. Barbara D. Bleish, argued, St. Louis, MO, for Petitioner. Anna Nelson, Office of Immigration Litigation, argued, Washington, DC, for Respondent. WOLLMAN, Circuit Judge. Aida Fary Diop, a native and citizen of Senegal, petitions for review of a Board of Immigration Appeals (BIA) decision affirming the immigration judge's (IJ) denial of her application for asylum, withholding of removal, and protection under the Conv... Kenneth ROHRBOUGH, Appellee, v. Luther HALL; Anna Kimble; Mary Nelson, Board of Police for the City of St. Louis; Susan Rollins, Board of Police Commissioners for the City of St. Louis; Bartholomew Saracino, Board of Police Commissioners for the Ci, C.A.8 (Mo.), November 9, 2009 Appeal from the United States District Court for the Commissioners Eastern District of Missouri. Robert J. Isaacson, AAG, argued, St. Louis, MO, for appellant. Steven Joseph Gunn, argued, St. Louis, MO (Stephen M. Ryals, Tyler R. Breed, on the brief), for appellee. ARNOLD, Circuit Judge. Kenneth Rohrbough brought an action under 42 U.S.C. § 1983 and Missouri law against St. Louis police officers Luther Hall and Anna Kimble, as well as the members of the St. Louis Board of Police Com... UNITED STATES of America, Appellee, v. Lewis C. CURRY, Appellant. , C.A.8 (Mo.), November 9, 2009 Appeal from the United States District Court for the Eastern District of Missouri. Michael Skrien, AFPD, argued, Cape Girardeau, MO, for appellant. Abbie Crites-Leoni, AUSA, argued, Cape Girardeau, MO, for appellee. WOLLMAN, Circuit Judge. Lewis Curry appeals the district court's [FN1] denial of his motion for a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2). We affirm. FN1. The Honorable Catherine D. Perry, now Chief Judge, United States District Court for the East... Wilson SMITH, Plaintiff-Appellee, v. KANSAS CITY, MISSOURI POLICE DEPARTMENT, Defendant, Officer Troy Taff; Officer Manuel Anchondo; Officer Lee Malek, Defendants- Appellants, Karl Zobrist, Board President, Board of Police Commissioners; Terry B, C.A.8 (Mo.), November 9, 2009 Appeal from the United States District Court for the Western District of Missouri. Virginia Murray, AAG, argued, Kansas City, MO, for Appellant. Samuel M. Wendt, argued, Kansas City, MO (Brian Forrest McCallister and Christopher J. Lawler), for Appellee. BENTON, Circuit Judge. Wilson J. Smith sued three officers and the Board of Police Commissioners under 42 U.S.C. § 1983 and state law. The district court [FN1] granted summary judgment to the Board, but denied qualified immunity to t... UNITED STATES of America, Plaintiff-Appellee, v. Andre Keith DODDS, Defendant-Appellant. , C.A.8 (Ark.), November 6, 2009 Appeal from the United States District Court for the Eastern District of Arkansas. Edward O. Walker, U.S. Attorney's Office, Little Rock, AR, for Plaintiff- Appellee. Andre Keith Dodds, Forrest City, AR, Donald E. Warren, Sr., Warren Law Firm Pine Bluff, AR, for Defendant-Appellant. [UNPUBLISHED] PER CURIAM. Andre Keith Dodds was convicted by a jury of distributing more than five grams of crack cocaine. He then pleaded guilty to being a felon in possession of a firearm seized at ... Charles Thomas SELL, Appellant, v. UNITED STATES of America DEPARTMENT OF JUSTICE, Appellee. , C.A.8 (Mo.), November 6, 2009 Appeal from the United States District Court for the Eastern District of Missouri. WOLLMAN, Circuit Judge. Charles Thomas Sell sued the United States, alleging that he had been the victim of medical malpractice that occurred while he was in federal custody awaiting trial. The district court [FN1] dismissed the case with prejudice as barred by the two-year statute of limitations for claims under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671-2680. Sell appeals, arguing that the di... UNITED STATES of America, Plaintiff-Appellee, v. Michael Anthony JONES, Defendant-Appellant. , C.A.8 (Mo.), November 6, 2009 Appeal from the United States District Court for the Eastern District of Missouri. Joseph Mark Hogan, St. Louis, MO, for appellant. Cristian Matthew Stevens, AUSA, St. Louis, MO, for appellee. BRIGHT, Circuit Judge. In 2008, a jury convicted Michael Anthony Jones of several drug and firearm possession charges, including possession of methamphetamine with intent to distribute. Jones appeals his convictions, arguing the district court [FN1] erred denying (1) his motion to suppress t... UNITED STATES of America, Appellant, v. Joe MADISON, Appellee. , C.A.8 (Iowa), November 6, 2009 Appeal from the United States District Court for the Northern District of Iowa. Robert Knief, AUSA, Sioux City, IA, for appellant. Patrick Thomas Parry, Sioux City, IA, for appellee. RILEY, Circuit Judge. Joe Madison (Madison) pled guilty to one count of possession of stolen firearms, in violation of 18 U.S.C. §§ 922(j) and 924(a)(2), and one count of being a drug user in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(3) and 924(a)(2) and (e). Madison was subject to a... UNITED STATES of America, Plaintiff-Appellee, v. Anthony Allen COLLIER, Defendant-Appellant. , C.A.8 (Mo.), November 6, 2009 Holdings: The Court of Appeals, Loken, Chief Judge, held that: (1) defendant waived arguments on appeal following resentencing that the District Court committed procedural error by treating the Sentencing Guidelines as mandatory and by failing to consider the statutory sentencing factors; (2) District Court did not plainly err upon resentencing; (3) defendant's claim that his federal sentence should run concurrently with state sentence was procedurally barred on motion to vacate; ... Roger DAY, M.D., Appellant, United States of America, Intervenor, v. State of MINNESOTA; Minnesota Board of Medical Practice; Steven J. Altchuler, M.D., PH.D.; Alfred V. Anderson, M.D., D.C.; Hilda Bettermann; Kelli Johnson; Jerry Kaplan; Ernest W, C.A.8 (Minn.), November 5, 2009 Appeal from the United States District Court for the District of Minnesota. [UNPUBLISHED] PER CURIAM. Roger J. Day, M.D., appeals the district court's [FN1] judgment dismissing his claims against Minnesota, the Minnesota Board of Medical Practice, and its members, arising out of their decision not to grant him an unrestricted medical license. Following careful review, we agree with district court that Day's discrimination and due process claims are barred by res judicata, see St. Paul ... UNITED STATES of America, Appellee, v. Jerry ANGELLE, Jr., Appellant. , C.A.8 (Iowa), November 5, 2009 Appeal from the United States District Court for the Northern District of Iowa. [UNPUBLISHED] PER CURIAM. A jury convicted Jerry Angelle, Jr., of conspiring to distribute 5 grams or more of cocaine base after having been convicted of a felony drug offense, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(B), 846, and 851; and distributing 5-50 grams of cocaine base after having been convicted of a felony drug offense, in violation of sections 841(a)(1), (b)(1)(B), and 851. The district c... BATTLEFIELD CENTER, L.P.; Christopher Kersten, Appellants, v. NATIONAL CITY BANK OF the MIDWEST, successor to Allegiant Bank, a corporation, Appellee. , C.A.8 (Mo.), November 5, 2009 Appeal from the United States District Court for the Eastern District of Missouri. Melissa Marie Zensen, John Edward Toma, Jr., Toma & Zensen, St. Louis, MO, for Appellant. Wendi S. Alper-Pressman, Lathrop & Gage, Jeffrey B. Hunt, Gallop & Johnson, St. Louis, MO, Michael Stephen Cessna, Lathrop & Gage, Kansas City, MO, for Appellee. [UNPUBLISHED] PER CURIAM. Battlefield Center, L.P. and Christopher Kersten, its sole partner (collectively "Battlefield Center"), appeal the distric... UNITED STATES of America, Appellee, v. Angel PEREZ-ABARCA, Appellant. , C.A.8 (Iowa), November 5, 2009 Appeal from the United States District Court for the Northern District of Iowa. John H. Lammers, U.S. Attorney's Office, Sioux City, IA, for Plaintiff - Appellee. Tuart J. Dornan, Dornan & Lustgarten, Omaha, NE, Angel Perez-Abarca, Sandstone, MN, for Defendant - Appellant. [UNPUBLISHED] PER CURIAM. Angel Perez-Abarca appeals from the 120-month prison sentence the district court [FN1] imposed after he pleaded guilty to conspiring to distribute 500 grams or more of a substance con... Yitbarek YOHANNES, Petitioner, v. Eric H. HOLDER, Jr., Attorney General of the United States, Respondent. , C.A.8, November 5, 2009 Holding: The Court of Appeals, Wollman, Circuit Judge, held that alien failed to demonstrate good-faith marriage. Petition denied. Petition for Review of an Order of the Board of Immigration Appeals. Barbara D. Bleish, argued, St. Louis, MO, for Petitioner. Andrew Oliveira, argued, Washington, DC, for Respondent. WOLLMAN, Circuit Judge. Yitbarek Yohannes, an Ethiopian native and citizen, petitions for review of a Board of Immigration Appeals (BIA) decision denying him a waiver o... UNITED STATES of America, Appellee, v. Adrian DAVIS, Appellant. , C.A.8 (Mo.), November 4, 2009 Appeal from the United States District Court for the Western District of Missouri. Gary K. Milligan, David P. Rush, U.S. Attorney's Office, Springfield, MO, for Appellee. Adrian Davis, Terre Haute, IN, pro se. David A. Healy, Healy & Healy, Springfield, MO, for Appellant. [UNPUBLISHED] PER CURIAM. In this direct criminal appeal, Adrian Davis challenges the district court's [FN1] judgment entered upon a jury verdict finding him guilty of conspiring to distribute more than 50 g... UNITED STATES of America, Appellee, v. Mark Steven AYALA, Appellant. , C.A.8 (Iowa), November 4, 2009 Appeal from the United States District Court for the Southern District of Iowa. [UNPUBLISHED] PER CURIAM. A grand jury charged Mark Steven Ayala (Ayala) with five separate counts in a superseding indictment. Pursuant to the terms of a Fed.R.Crim.P. 11(e)(1)(C) [FN1] plea agreement, Ayala pled guilty to (1) conspiracy to distribute methamphetamine, cocaine, cocaine base, and marijuana, in violation of 21 U.S.C. § 846; and (2) use of a person under the age of 18 to distribute methampheta... Dexter Lee NASH, Appellant, v. COBBS, Mrs., Parole Officer, East Arkansas Regional Unit, ADC; Greg Harmon, Warden, East Arkansas Regional Unit, ADC; Wheatly, Mrs., Assistant Warden, East Arkansas Regional Unit, ADC; Outlaw, Assistant Warden, East A, C.A.8 (Ark.), November 4, 2009 Appeal from the United States District Court for the Eastern District of Arkansas. [UNPUBLISHED] PER CURIAM. Dexter Lee Nash appeals the district court's [FN1] dismissal without prejudice of his 42 U.S.C. § 1983 action. Upon de novo review, see Cooper v. Schriro, 189 F.3d 781, 783 (8th Cir.1999) (per curiam), we agree with the district court that dismissal was proper because Nash failed to state a section 1983 claim. Accordingly, we affirm. See 8th Cir. R. 47B. FN1. The Honorable Bria... Mary E. PETERSEN, Appellee, v. Tim REISCH, Secretary of the SD Department of Corrections; Duane Russell, Warden of the SD Women's Prison, Appellants. , C.A.8 (S.D.), November 4, 2009 Holding: The Court of Appeals, Riley, Circuit Judge, held that district court's denial of qualified immunity was not final and subject to appeal. Remanded. Appeal from the United States District Court for the District of South Dakota. Todd D. Epp, Sioux Falls, SD, for appellee. Michael F. Shaw, Pierre, SD, for appellants. RILEY, Circuit Judge. Tim Reisch (Reisch) and Duane Russell (Russell) appeal the district court's [FN1] denial of their motion for summary judgment claiming qu... UNITED STATES of America, Appellee, v. Solomon COFFEY, Appellant. , C.A.8 (Neb.), November 3, 2009 Appeal from the United States District Court for the District of Nebraska. [UNPUBLISHED] PER CURIAM. In 2003, Solomon Coffey was sentenced to 324 months in prison following his conviction for intent to distribute and conspiracy to distribute cocaine base (crack cocaine). His conviction and sentence were ultimately affirmed on appeal. See United States v. Coffey, 415 F.3d 882 (8th Cir.2005), cert. denied,547 U.S. 1123 (2006). In response to Coffey's subsequent motion for postconviction r... Juan MENDOZA-MEJIA, Petitioner, v. Eric H. HOLDER, Jr., [FN1] Attorney General of the United States; Janet Napolitano, [FN2] Secretary of the Department of Homeland Security, Respondents. FN1. Eric H. Holder, Jr. has been appointed to serve , C.A.8, November 3, 2009 Petition for Review of an Order of the Board of Immigration Appeals. [UNPUBLISHED] PER CURIAM. Juan Mendoza-Mejia, a citizen of Guatemala, petitions for review of an order of the Board of Immigration Appeals. Because substantial evidence supports the Board's determination that Mendoza-Mejia was not subjected to past persecution and does not have a well-founded fear of future persecution in Guatemala, we deny review of Mendoza-Mejia's claims for asylum, withholding of removal, and relief und... Abubakarr FOFANAH, Petitioner, v. Eric H. HOLDER, Jr., [FN1] United States Attorney General, Respondent. FN1. Eric H. Holder, Jr., has been appointed to serve as Attorney General of the United States, and is substituted as respondent pursuan, C.A.8, November 3, 2009 Petition for Review of an Order of the Board of Immigration Appeals. Camille Juliette MacKler, New York, NY, for Petitioner. Scott Baniecke, U.S. Immigration & Naturalization Service, Bloomington, MN, Karen Yolanda Drummond, Richard M. Evans, Brooke Maurer, U.S. Department of Justice, Washington, DC, for Respondent. [UNPUBLISHED] PER CURIAM. Abubakarr Fofanah petitions for review of an order of the Board of Immigration Appeals (BIA) denying his April 2008 motion to reopen. After care... Li, Qiu YAN, Petitioner, v. Eric H. HOLDER, Jr., [FN1] United States Attorney General, Respondent. FN1. Eric H. Holder, Jr. has been appointed to serve as Attorney General of the United States, and is substituted as respondent pursuant to Fe, C.A.8, November 3, 2009 Petition for Review of an Order of the Board of Immigration Appeals. Li, Qiu Yan, St. Louis, MO, pro se. Paul Fiorino, Karen Yolanda Drummond, Richard M. Evans, U.S. Department of Justice, Washington, DC, for Respondent. [UNPUBLISHED] PER CURIAM. Chinese citizen Qui Yan Li (Li) petitions for review of an order of the Board of Immigration Appeals (BIA), affirming an Immigration Judge's denial of her application for asylum, withholding of removal, and relief under the Convention Aga... Randal E. McCULLOUGH, Appellant, v. AEGON USA, INC.; AEGON USA Inc. Board of Directors; Patrick S. Baird; James A. Beardsworth; Kirk W. Buese; Tom A. Schlossberg; Arthur C. Schneider; Mary Taiber; James R. Trefz; Does 1-20; Diversified Investment A, C.A.8 (Iowa), November 3, 2009 Holding: The Court of Appeals, Colloton, Circuit Judge, held that participant lacked standing to bring lawsuit. Affirmed. Bye, Circuit Judge, filed dissenting opinion. Gregory Y. Porter, argued, Washington, DC, Kay M. Johansen, Cedar Rapids, IA, on the brief, for appellant. Gary S. Tell, argued, Robert N. Eccles, Adam Hellman, Theresa Gee, on the brief, Washington, DC, for appellee. COLLOTON, Circuit Judge. Randal McCullough, a participant in a defined-benefit pension plan spon... UNITED STATES of America, Appellee, v. Gregory Dell JOHNSON, Appellant. , C.A.8 (Iowa), November 2, 2009 Appeal from the United States District Court for the Southern District of Iowa. Richard D. Westphal, U.S. Attorney's Office, Davenport, IA, for Appellee. Steven A. Berger, Wehr & Berger, Davenport, IA, for Appellant. [UNPUBLISHED] PER CURIAM. Gregory Johnson (Johnson) challenges the sentence the district court [FN1] imposed after he pled guilty to a drug crime. His counsel filed a brief under Anders v. California, 386 U.S. 738 (1967), in which he seeks permission to withdraw, a... In re PREMPRO PRODUCTS LIABILITY LITIGATION. Donna Scroggin, Plaintiff/Appellant, v. Wyeth, and its divisions; Pharmacia & Upjohn Company, L.L.C., Defendants/Appellees. Barr Laboratories, Inc.; Duramed Pharmaceuticals, Amici on Behalf of Appellee, C.A.8 (Ark.), November 2, 2009 Eric B. Walker, argued, Houston, TX (James Morris, Jr., Austin, TX, on the brief), for Appellant. William Hoffman, F. Lane Heard III, argued, Washington, DC, (Lyn Peoples Pruitt, Little Rock, AR, Stephen L. Urbanczyk, W. Vardaman, Jr., Washington, DC, Steven J. Glickstein, Wendy S. Dowse, New York, NY, on the brief), for Appellees. WOLLMAN, Circuit Judge. Donna Scroggin was diagnosed with breast cancer eleven years after she began taking estrogen and progestin drugs manufactured by Wye... Mayra DOMINGUEZ-CORTEZ, also known as Amanda Dominguez-Cortes, Petitioner, v. Eric H. HOLDER, Jr., [FN1] Attorney General of the United States, Respondent. FN1. Eric H. Holder, Jr. has been appointed to serve as Attorney General of the Unite, C.A.8, October 30, 2009 Petition for Review of an Order of the Board of Immigration Appeals. [UNPUBLISHED] PER CURIAM. Mexican citizen Mayra Dominguez-Cortez petitions for review of an order of the Board of Immigration Appeals (BIA) affirming an immigration judge's (IJ's) decision finding her ineligible for cancellation of removal under INA §§ 237(a)(2)(E)(i) ("Any alien who at any time after admission is convicted of a crime of ... child abuse, child neglect, or child abandonment is deportable."), 240A(b)(1) ... UNITED STATES of America, Appellee, v. Joseph Anthony PORRELLO, Appellant. , C.A.8 (Mo.), October 30, 2009 Appeal from the United States District Court for the Western District of Missouri. [UNPUBLISHED] PER CURIAM. In this direct criminal appeal, Joseph Anthony Porrello challenges the 330-month prison sentence the district court [FN1] imposed following this court's remand for resentencing. FN1. The Honorable Ortrie D. Smith, United States District Judge for the Western District of Missouri. After a jury found Porrello guilty of multiple charges involving armed robbery, money-laund... Antonio M. ROBINSON, Appellant, v. D. TUCKER, Correctional Officer, Cummins Unit, ADC; J. Porter, Sgt ., Cummins Unit, ADC; W. Straughn, Assistant Warden, Cummins Unit, ADC; Gaylon Lay, Warden, Cummins Unit, ADC; Larry Norris, Director, Arkansas De, C.A.8 (Ark.), October 30, 2009 [UNPUBLISHED] PER CURIAM. Former Arkansas inmate Antonio M. Robinson appeals the District Court's [FN1] dismissal of his 42 U.S.C. § 1983 lawsuit, which arose from an attack by another inmate when both were incarcerated. Upon careful review of the record, we conclude that the District Court did not abuse its discretion in denying Robinson appointment of counsel. See Phillips v. Jasper County Jail, 437 F.3d 791, 794 (8th Cir.2006) (noting there is no statutory or constitutional right to ... George PRENTISS, III, Petitioner-Appellant, v. John AULT, II, Warden, Anamosa State Penitentiary; State of Iowa, Respondents- Appellees. , C.A.8 (Iowa), October 30, 2009 Appeal from the United States District Court for the Southern District of Iowa. [UNPUBLISHED] PER CURIAM. Appellant George Prentiss, III, appeals the district court's [FN1] denial of his petition for writ of habeas corpus, claiming Iowa state courts unreasonably applied the law by admitting Prentiss's statements to police at trial. Because the Iowa courts did not reach a decision contrary to, or involving an unreasonable application of, clearly established federal law, we affirm the d... Thomas BELL, Appellant, v. Michael J. ASTRUE, Social Security Administration Commissioner, Appellee. , C.A.8 (Ark.), October 30, 2009 Appeal from the United States District Court for the Western District of Arkansas. [UNPUBLISHED] PER CURIAM. Thomas Bell appeals the district court's [FN1] order affirming the denial of supplemental security income and disability insurance benefits. Bell had alleged in his September 2003 applications that he had been disabled since November 2002 as a result of his total right knee replacement, left shoulder pain, kidney stones, migraine headaches, back problems, and brain dysfunction.... UNITED STATES of America, Appellee, v. Michael W. SMITH, Appellant. , C.A.8 (Mo.), October 30, 2009 Appeal from the United States District Court for the Eastern District of Missouri. SCott Tilsen, AFPD, argued, Cape Girardeau, MO, for appellant. Abbie Crites-Leoni, AUSA, argued, Cape Girardeau, MO, for appellee. ARNOLD, Circuit Judge. Michael Smith appeals from his sentence of 293 months' imprisonment after he pleaded guilty to producing child pornography, see18 U.S.C. § 2251(a). He maintains that the district court [FN1] erred in determining his criminal history category under ... UNITED STATES of America, Appellee, v. Chris COLEMAN, Appellant. , C.A.8 (Mo.), October 30, 2009 Appeal from the United States District Court for the Western District of Missouri. GRUENDER, Circuit Judge. Chris Coleman was convicted after a jury trial of one count of conspiracy to distribute and possess with intent to distribute fifty grams or more of crack cocaine between December 1, 2006, and June 8, 2007, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A), 846, and 851 ("Count 1"), and one count of aiding and abetting the possession with intent to distribute five grams or more of ... UNITED STATES of America, Appellee, v. McArthur Johnvell HIGGINS, also known as McArthur Johnville Higgins, also known as Thug, Appellant. , C.A.8 (Neb.), October 28, 2009 Holding: The Court of Appeals held that district court lacked authority to impose a reduction below the amended Guidelines range to an amount that was not comparable to the reduction from the original Guidelines range. Affirmed. John C. Vanderslice, AFPD, Lincoln, NE, for appellant. Sara Elizabeth Fullerton, AUSA, Lincoln, NE, for appellee. PER CURIAM. In September 2006, McArthur Johnvell Higgins pled guilty to the charge of conspiracy to distribute and to possess with the intent t... Fatou NDIAYE, Petitioner, v. Eric H. HOLDER, Jr., [FN1] Attorney General of the United States, Respondent. FN1. Eric H. Holder, Jr., has been appointed to serve as Attorney General of the United States, and is substituted as respondent pursu, C.A.8, October 28, 2009 Petition for Review of an Order of the Board of Immigration Appeals. Raymond Reza Bolourtchi, Cofman & Bolourtchi, Ladue, MO, for Petitioner. Sharon Michele Clay, Karen Yolanda Drummond, Richard M. Evans, Sada Manickam, U.S. Department of Justice, Washington, DC, for Respondent. [UNPUBLISHED] PER CURIAM. Fatou Ndiaye, a citizen of Mauritania, petitions for review of an order of the Board of Immigration Appeals (BIA), which affirmed an immigration judge's (IJ's) denial of asylum, wit... Debry Allyn LA NEAR, Appellant, v. Frances R. SLAY, Mayor for the City of St. Louis; Board of Police Commissioners of the City of St. Louis; Christopher Goodson, Col.; JoAnn Freeman-Morrow, Col.; Michael J. Quinn, Col.; Julius Hunter, Col.; Amy Fia, C.A.8 (Mo.), October 28, 2009 Appeal from the United States District Court for the Eastern District of Missouri. Debry Allyn La Near, St. Charles, MO, pro se. Denise Leanne Thomas, Attorney General's Office, St. Louis, MO, for Appellees. [UNPUBLISHED] PER CURIAM. Debry Allyn La Near appeals the district court [FN1] orders concluding that certain claims in her civil action were time-barred under a five-year statute of limitations, and denying her motions for appointed counsel. After carefully reviewing the recor... UNITED STATES of America, Appellee, v. Scott GOODWIN-BEY, Appellant. , C.A.8 (Mo.), October 28, 2009 Appeal from the United States District Court for the Western District of Missouri. David Randolph Mercer, argued, Michelle Kay Nahon, on the brief, AFPD, Springfield, MO, for Appellant. James J. Kelleher, V, argued, AUSA, Springfield, MO, for Appellee. GRUENDER, Circuit Judge. Scott Goodwin-Bey entered a conditional guilty plea to the charge of being a felon in possession of a firearm, reserving the right to appeal the denial of his motion to suppress. We affirm. I. BACKGROUND T... UNITED STATES of America, Appellee, v. Dennell MALONE, Appellant. , C.A.8 (Minn.), October 27, 2009 Appeal from the United States District Court for the District of Minnesota. PER CURIAM. The district court [FN1] originally sentenced Dennell R. Malone to the applicable Guidelines range of life imprisonment (with a consecutive 60- month sentence for a firearm count). After Amendment 706 to the Sentencing Guidelines, the court resentenced Malone to 360 months imprisonment (with a consecutive 60-month sentence for the firearm count), the bottom of his recalculated Guidelines range. See18 ... UNITED STATES of America, Appellee, v. Matthew Antione CANADY, Appellant. , C.A.8 (Iowa), October 27, 2009 Appeal from the United States District Court for the Southern District of Iowa. [UNPUBLISHED] PER CURIAM. Matthew Canady appeals the 324-month sentence imposed following his guilty plea to conspiracy to distribute at least fifty grams of cocaine base. On appeal Canady takes issue with the district court's [FN1] finding at sentencing that Canady was responsible for more than 4.5 kilograms of cocaine base. FN1. The Honorable John A. Jarvey, United States District Judge for the S... UNITED STATES of America, Appellee, v. James Christopher KOPP, also known as Jamie Kopp, Appellant. , C.A.8 (Iowa), October 27, 2009 Appeal from the United States District Court for the Northern District of Iowa. Stephanie M. Rose, U.S. Attorney's Office, Cedar Rapids, IA, for Appellee. Sara L. Smith, Cedar Rapids, IA, for Appellant. James Christopher Kopp, Leavenworth, KS, pro se. [UNPUBLISHED] PER CURIAM. James Kopp appeals the sentence imposed by the district court [FN1] following revocation of his term of supervised release. Kopp argues that his within-Guidelines sentence of thirty-six months was unrea... Curtis SMITH; Melvin Leroy Tyler; Jeffrey J. Barmann, Appellants, v. Bob HOLDEN; Jay Nixon; Denis Agniel; George Bush; John Ashcroft, Appellees, Glen Escoe; Darwin E. Conley; Gale Hayes; James E. Granberry; McKinley Robinson, Interested Parties. , C.A.8 (Mo.), October 27, 2009 Appeal from the United States District Court for the Western District of Missouri. Curtis Smith, Licking, MO, pro se. Melvin Leroy Tyler, Jefferson City, MO, pro se. Jeffrey J. Barmann, Cameron, MO, pro se. Emily Kalmer, Douglas G. Leyshock, Attorney General's Office, Jefferson City, MO, Jane Pansing Brown, U.S. Attorney's Office, Kansas City, MO, for Appellees. [UNPUBLISHED] PER CURIAM. Missouri inmates Curtis Smith, Melvin Tyler, and Jeffrey Barmann appeal the district court'... UNITED STATES of America, Appellee, v. Corteze EDWARDS, Appellant. , C.A.8 (Mo.), October 27, 2009 Appeal from the United States District Court for the Eastern District of Missouri. Steven E. Holtshouser, Michael A. Reilly, U.S. Attorney's Office, St. Louis, MO, for Appellee. Travis L. Noble, Jr., Sindel & Sindel, St. Louis, MO, for Appellant. Corteze Edwards, Terre Haute, IN, pro se. [UNPUBLISHED] PER CURIAM. Corteze Edwards appeals the sentence the district court [FN1] imposed after he pleaded guilty to an attempted-bank-robbery charge. In a brief filed under Anders v. C... UNITED STATES of America, Appellant, v. Derrick D. BLACKMON, Appellee. , C.A.8 (Mo.), October 27, 2009 Appeal from the United States District Court for the Eastern District of Missouri. [PUBLISHED] PER CURIAM. The district court reduced Derrick D. Blackmon's sentence from 200 months to 162 months, after Amendment 706 to the Sentencing Guidelines. See18 U.S.C. § 3582(c)(2). The government appeals, arguing that the original sentence was based on his career offender range under section 4B 1.1 of the Sentencing Guidelines; this range was not lowered by Amendment 706; and thus he is not elig... Michael Van VLIET, Appellant, v. Nurse Andrea GARRET; Dr. Huskins, Appellees. , C.A.8 (Ark.), October 26, 2009 Appeal from the United States District Court for the Western District of Arkansas. Michael Van Vliet, Rogers, AR, pro se. Janan A. Davis, Jeremy Michael McNabb, Michael R. Rainwater, Rainwater & Holt, Little Rock, AR, for Appellees. [UNPUBLISHED] PER CURIAM. In this civil action, Michael Van Vliet appeals following the District Court's [FN1] denial of his motion to reconsider the order dismissing his complaint for failure to comply with the court's discovery order. The District ... UNITED STATES of America, Appellee, v. Rigoberto OLVERA-MORALES, Appellant. , C.A.8 (Iowa), October 26, 2009 Appeal from the United States District Court for the Southern District of Iowa. Jason T. Griess, U.S. Attorney's Office, Des Moines, IA, for Appellee. Scott Lyle Bandstra, Bandstra Law Firm, Des Moines, IA, for Appellant. Rigoberto Olvera-Morales, Des Moines, IA, pro se. [UNPUBLISHED] PER CURIAM. Rigoberto Olvera-Morales challenges the sentence the district court [FN1] imposed after he pled guilty to conspiring to distribute at least 500 grams of a mixture or substance conta... UNITED STATES of America, Plaintiff-Appellee, v. Michael Glenn TURPIN, Defendant-Appellant. , C.A.8 (Ark.), October 26, 2009 Appeal from the United States District Court for the Eastern District of Arkansas. Karen Whatley, U.S. Attorney's Office, argued, Little Rock, AR, for Plaintiff-Appellee. Charles Daniel Hancock, Hancock & Lane, argued, Little Rock, AR, for Defendant-Appellant. Michael Glenn Turpin, Corrections Corporation of America, Mason, TN, pro se. [UNPUBLISHED] PER CURIAM. In this direct appeal of his sentence for possession of child pornography, Michael Glenn Turpin argues the district c... UNITED STATES of America, Appellant, v. Sammy WELCH, Appellee. , C.A.8 (Mo.), October 26, 2009 Appeal from the United States District Court for the Eastern District of Missouri. Paul W. Hahn, U.S. Attorney's Office, Cape Girardeau, MO, for Appellant. Lee Lawless, Federal Public Defender's Office, St. Louis, MO, for Appellee. Sammy Welch, Oklahoma City, OK, pro se. [UNPUBLISHED] PER CURIAM. The government appeals the district court's order granting Sammy Welch's motion for a reduction in his sentence based on a guidelines amendment (Amendment 706) which reduced the advis... UNITED STATES of America, Appellee, v. Deron E. JACKSON, Appellant. , C.A.8 (Mo.), October 26, 2009 Appeal from the United States District Court for the Western District of Missouri. Robin D. Fowler, Bath & Edmonds, P.A., Overland Park, KS, for appellant. Brent B. Venneman, Asst. U.S. Atty., Kansas City, MO (John F. Wood, U.S. Atty., on the brief), for appellee. [UNPUBLISHED] PER CURIAM. Deron Jackson pleaded guilty to aiding and abetting the possession of more than five grams of cocaine base (commonly known as "crack" cocaine) with the intent to distribute in violation of 18 U... UNITED STATES of America, Appellee, v. Raymond Damon SMITH, Appellant. , C.A.8 (Minn.), October 26, 2009 Appeal from the United States District Court for the District of Minnesota. James Lackner, U.S. Attorney's Office, Minneapolis, MN, for Appellee. David J. Chapman, Chapman Immigration Law Group, Fargo, ND, for Appellant. Raymond Damon Smith, Adelanto, CA, pro se. [UNPUBLISHED] PER CURIAM. In 2003, Raymond Smith received a sentence of 400 months after he was found guilty of conspiracy to distribute and possession with intent to distribute approximately 1,912 grams of cocaine bas... UNITED STATES of America, Appellee, v. Ashley Nehemiah SCAIFE, Appellant. , C.A.8 (Minn.), October 26, 2009 Appeal from the United States District Court for the District of Minnesota. Nancy Ellen Brasel, David P. Steinkamp, U.S. Attorney's Office, District of Minnesota, Minneapolis, MN, for Appellee. Reynaldo A. Aligada, Jr., Assistant, Katherine M. Menendez, Assistant, Federal Public Defender's Office, Minneapolis, MN, for Appellant. Ashley Nehemiah Scaife, Sandstone, MN, pro se. [UNPUBLISHED] PER CURIAM. In 2003, Ashley Scaife received a sentence of 188 months after pleading guilty... UNITED STATES of America, Appellee, v. Joseph E. ESPINOSA, Sr., Appellant. , C.A.8 (S.D.), October 26, 2009 Appeal from the United States District Court for the District of South Dakota. SMITH, Circuit Judge. A jury convicted Joseph E. Espinosa Sr. of aggravated sexual abuse, in violation of 18 U.S.C. §§ 1153, 2241(a)(1), 2241(c), and 2246(2)(A) ("Count IV"), and abusive sexual contact, in violation of §§ 1153, 2244(a)(1), and 2246(3) ("Count VII"). [FN1] The district court sentenced Espinosa to 30 years' imprisonment on the aggravated sexual abuse conviction and 20 years' imprisonment on the a... William GRACE, Sr., Appellant, v. E. HARRIS, Nurse; Susan Singer, Doctor; Nurse Jones; Eugene Stubblefield, Individually and as Superintendent of the Division of Corrections City of St. Louis, Appellees. , C.A.8 (Mo.), October 23, 2009 Appeal from the United States District Court for the Eastern District of Missouri. William Grace, Sr., Bonne Terre, MO, pro se. Peter J. Dunne, Jessica L. Liss, Rabbitt & Pitzer, St. Louis, MO, for E. Harris, Susan Singer, Nurse Jones. Daniel Joseph Emerson, Assistant City Counselor, City Counselor's Office, St. Louis, MO, for Eugene Stubblefield. [UNPUBLISHED] PER CURIAM. Missouri inmate William Grace, Sr., appeals the district court's [FN1] adverse grant of summary judgment i... In re John R. BURWELL, Debtor, Randall L. Seaver, Trustee, Appellee, v. Burwell Family Limited Partnership; RHFP, LLC, Appellants, John R. Burwell; Albert Kelly, Jr., Defendants. , C.A.8, October 23, 2009 Appeal from the United States Bankruptcy Appellate Panel for the Eighth Circuit. [UNPUBLISHED] PER CURIAM. Burwell Family Limited Partnership and RHFP, LLC, appeal from the decision of the Bankruptcy Appellate Panel (BAP) affirming the bankruptcy court's [FN1] judgment in favor of Randall Seaver, the Trustee of defendant John Burwell's bankruptcy estate. Reviewing the bankruptcy court's factual findings for clear error and its conclusions of law de novo, see In re Vote, 276 F.3d 1024, ... UNITED STATES of America, Appellee, v. Fray MORENO-RAMIREZ, Appellant. , C.A.8 (Iowa), October 23, 2009 Appeal from the United States District Court for the Northern District of Iowa. [UNPUBLISHED] PER CURIAM. Fray Moreno-Ramirez pleaded guilty to one count of conspiracy to distribute 500 grams or more of a methamphetamine mixture, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A) and 846, and two counts of distribution of 50 grams or more of a methamphetamine mixture, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(B). The district court [FN1] sentenced him to the statutory minimum of 12... © 2009 West, a Thomson business Westlaw Integration Solutions  /  Westlaw.com