[ August 31, 2000 ]


001293U.pdf 08/31/00 John D. Johnson v. State of IA U.S. Court of Appeals Case No. 00-1293 Northern District of Iowa Prisoner case. District court did not err in dismissing motion for restraining order as the relief Johnson sought can only be obtained in a habeas action after exhaustion of state remedies. 001475U.pdf 08/31/00 William P. Lacey v. IA Bd. of Correction U.S. Court of Appeals Case No. 00-1475 Southern District of Iowa Prisoner case - prisoner civil rights. District court did not err in dismissing complaint for failure to exhaust administrative remedies. 001928U.pdf 08/31/00 John P. Ponder v. Wackenhut U.S. Court of Appeals Case No. 00-1928 Eastern District of Arkansas Prisoner case - prisoner civil rights. District court did not err in dismissing complaint for failure to exhaust administrative remedies. 002371U.pdf 08/31/00 Deborah Markham v. Maryland Heights U.S. Court of Appeals Case No. 00-2371 Eastern District of Missouri Civil case - civil procedure. District court did not abuse its discretion in denying Rule 60(b) motion as untimely. 991188P.pdf 08/31/00 Aaron M. DeRoo v. United States U.S. Court of Appeals Case No. 99-1188 District of North Dakota Prisoner case - habeas. District court erred in dismissing habeas petition on ground DeRoo waived his right to file a habeas petition as part of his plea agreement, as the petition raised an issue as to whether the plea agreement was knowingly and voluntarily entered into; even if counsel was ineffective in failing to move to dismiss the indictment, DeRoo suffered no prejudice because there was no reasonable probability the motion would have been successful; waiver of right to appeal was knowing and voluntary; however, the court erred in sentencing DeRoo as a career offender because a Minnesota conviction for fifth degree sale of drugs is not considered a serious drug offense; case remanded for resentencing. 992282P.pdf 08/31/00 Willie Taylor v. William Howe U.S. Court of Appeals Case No. 99-2282 Eastern District of Arkansas Civil case - elections. With some exceptions, district court did not err in finding that plaintiffs failed to establish intentional discrimination by poll watchers in elections for local offices in Crittendon County, Arkansas; with respect to the plaintiffs who did establish discrimination, case remanded for calculation of damages. 992343U.pdf 08/31/00 USA v. Reginald Arline U.S. Court of Appeals Case No. 99-2343 and No. 99-2345 Southern District of Iowa Prisoner case - habeas. Prisoners failed to show Bailey violation. 992506U.pdf 08/31/00 Rory Allen Gregory v. United States U.S. Court of Appeals Case No. 99-2506 Western District of Arkansas Prisoner case- habeas. Conviction upon guilty plea as a principal when the indictment included aiding and abetting language did not violate Gregory's constitutional rights. 993654P.pdf 08/31/00 United States v. Santos Tavares U.S. Court of Appeals Case No. 99-3654 District of Minnesota Criminal case - criminal law. In light of significant federal involvement in executing state search warrant, federal law applies to determine propriety of the agents' actions; here, failure to knock and announce violated 18 U.S.C. Section 3109, and the search must be suppressed. 993804P.pdf 08/31/00 Virginia Fowler v. Smithkline Beecham U.S. Court of Appeals Case No. 99-3804 Eastern District of Arkansas Civil case - fraud. Employee failed to show employer fraudulently promised she wold continue to receive mileage payments. 993857P.pdf 08/31/00 USA v. Ivy Nelson Fountain U.S. Court of Appeals Case No. 99-3857 Northern District of Iowa Criminal case - Sentencing Guidelines. Substantial assistance is not grounds for a downward departure under Section 5K2.0. 993948P.pdf 08/31/00 Debra J. Wheeler v. Kenneth Apfel U.S. Court of Appeals Case No. 99-3948 Western District of Missouri Civil case - Social Security. ALJ did not err in discounting subjective complaints of pain; medical evidence did not support claimed severity of the pain; hypothetical question posed to vocational expert was not erroneous. 994022P.pdf 08/31/00 Rogina Ribbey v. Gregory Cox U.S. Court of Appeals Case No. 99-4022 Southern District of Iowa Civil case - civil rights. District court did not err in denying trooper's motion for summary judgment based on qualified immunity; there was a genuine issue of material fact as to whether plaintiff's actions justified trooper's decision to shoot him. 994329U.pdf 08/31/00 Daryl Smith v. Quartet Sales, Inc. U.S. Court of Appeals Case No. 99-4329 Eastern District of Missouri Civil case - torts. District court order granting defendant a summary judgment on plaintiff's product liability claim affirmed without comment. [ August 29, 2000 ]

003056U.pdf 08/29/00 Gary Roll, et al. v. Mel Carnahan, etc., et al. U.S. Court of Appeals Case No. 00-3056 Eastern District of Missouri EMERGENCY FILING - 4:00 p.m. 006005P.pdf 08/29/00 Kip M. Kaler v. David A. Overboe U.S. Court of Appeals Case No. 00-6005 District of North Dakota Bankruptcy Appellate Panel. Bankruptcy court did not err in avoiding a pre-petition transfer as preferential. 992498P.pdf 08/29/00 United States v. Calvin Edwards U.S. Court of Appeals Case No. 99-2498 Western District of Missouri Prisoner case - habeas. Discretionary decision not to grant a downward departure is unreviewable; Edwards failed to show sentence imposed on remand was vindictive; court did not err in refusing to consider post-sentencing conduct as a basis for downward departure, as good conduct in prison is not grounds for a downward departure at resentencing. 993307P.pdf 08/29/00 Wells Fargo & Co. v. Commissioner IR U.S. Court of Appeals Case No. 99-3307 Civil case - Federal Tax. Tax court erred in requiring taxpayer to capitalize corporate officers' salaries simply because the salaries were incidentally connected with a future benefit; tax court should have analyzed each expenditure to determine whether it was ordinary; officers' salaries were a fully deductible expense; certain legal expenses were deductible because they were attributable to the investigatory stage of a transaction; other fees had to be capitalized because they were incurred after the final decision to make the acquisition had been reached. 993829P.pdf 08/29/00 Dwight Lindquist v. Marjorie Dorholt U.S. Court of Appeals Case No. 99-3829 District of Minnesota Civil case - Bankruptcy. Bankruptcy Appellate Panel decision reversing the bankruptcy court's decision avoiding a security interest as a preferential transfer affirmed; the loan and the security interest were substantially contemporaneous even though the security interest was not perfected within ten days. [ August 23, 2000 ]

001123P.pdf 08/23/00 Loretta Page v. AR Dept. of U.S. Court of Appeals Case No. 00-1123 Eastern District of Arkansas Civil case - civil rights. District court erred in finding pro se letter and attachments were not sufficient to initiate Title VII action in a timely manner; filing was the substantial equivalent of a complaint, described the alleged discriminatory conduct and invoked Title VII protection. [ August 22, 2000 ]

001060P.pdf 08/22/00 Jack Spencer Evans v. Russell Rogerson U.S. Court of Appeals Case No. 00-1060 Southern District of Iowa Prisoner case - habeas. District court erred when it found the state court made an unreasonable determination of fact in rejecting Evan's claim that the police violated his Fifth Amendment privilege against self-incrimination; grant of habeas relief reversed. 991424P.pdf 08/22/00 Marvin Lumber v. PPG Industries U.S. Court of Appeals Case No. 99-1424 District of Minnesota Civil case - Uniform Commercial Code. District court erred in dismissing Marvin's breach of contract claims as there was a jury issue as to whether PPG expressly warranted the future performance of its wood preservatives; other claims related to breach of contract, warranties and fraudulent misrepresentation were time-barred; Marvin was a dealer with respect to the transactions here and the economic loss doctrine operates to limit Marvin's tort claims; negligence and strict liability claims were properly dismissed; Minnesota consumer protection statutes do not apply to a merchant such as Marvin; dissent by Judge Lay. 993762P.pdf 08/22/00 Louis C. Cross, III v. Cleveland Hammonds U.S. Court of Appeals Case No. 99-3762 Eastern District of Missouri Civil case - civil rights. District did not violate plaintiff's substantive due process rights by assigning him to a shorter tenure after he returned from a leave of absence; as a certified guidance counselor, plaintiff did not have a statutory right to a hearing before the assignment was made. 993917P.pdf 08/22/00 Faye Anastasoff v. USA U.S. Court of Appeals Case No. 99-3917 Eastern District of Missouri Civil case - civil procedure. District court did not err in finding 26 U.S.C. Section 7502 did not save plaintiff's claim for a tax refund. Court finds unconstitutional that portion of Eighth Circuit Rule 28A(i) which states that unpublished opinions are not precedent. Court provides a detailed discussion of precedent and unpublished opinions. 993945P.pdf 08/22/00 United States v. Leland Duane Young U.S. Court of Appeals Case No. 99-3945 Northern District of Iowa Criminal case - criminal law. District court erred in suppressing defendant's inculpatory affidavit; while document was subject to the protections of evidentiary Rule 410 and procedural Rule 11(e)(6), defendant waived his rights under the plea-statement rules, and the government should have been allowed to introduce the statement into evidence. [ August 21, 2000 ]

992366P.pdf 08/21/00 Baldeo K. Singh v. Kenneth S. Apfel U.S. Court of Appeals Case No. 99-2366 District of Minnesota Civil case - Social Security. ALJ failed to properly credit treating physician's opinion and erred in discrediting claimant's subjective complaints of pain; question posed to vocational expert did not adequately reflect claimant's impairments; case remanded with directions to award benefits. 993395P.pdf 08/21/00 Elbert A. Walton v. John V. LaBarge U.S. Court of Appeals Case No. 99-3395 Eastern District of Missouri Civil case - bankruptcy. Bankruptcy court did not err in requiring attorney to disgorge fees he had received or in ordering him to pay costs to the United States trustee who investigated his conduct in six Chapter 13 cases; evidence supported finding that attorney had failed to properly represent the debtors or perform the duties contemplated by the fees they paid him. 993436U.pdf 08/21/00 United States v. David Alan Clemens U.S. Court of Appeals Case No. 99-3436 Western District of Missouri Criminal case - criminal law. Even if warrant application was not supported by probable cause, the Leon good faith exception applied, and the district court did not err in denying defendant's motion to suppress the fruits of the search. 993482P.pdf 08/21/00 Mary McClure v. American Family U.S. Court of Appeals Case No. 99-3482 District of Minnesota Civil case - torts. Statements made by defendant in connection with the termination of the plaintiffs as insurance brokers did not defame plaintiffs as the statements did not contain provably false statements of fact; statements did not violate the Minnesota Deceptive Trade Practices Act; statements did not constitute tortious interference with business relationships; legislation subsequently enacted to limit insurance companies' ability to terminate employees for contacting government agencies did not create a remedy for these plaintiffs; terminations did not violate plaintiffs' employment contracts. 993669P.pdf 08/21/00 Jim Burnside v. Kenneth Apfel U.S. Court of Appeals Case No. 99-3669 Eastern District of Arkansas Civil case - Social Security. ALJ erred in discounting claimant's complaints of shortness of breath and improperly concluded that claimant had no nonexertional limitation, such as a requirement that he work in a clean environment; case remanded for further proceedings. 993916P.pdf 08/21/00 Cynthia M. Dykes v. Kenneth Apfel U.S. Court of Appeals Case No. 99-3916 Southern District of Iowa Civil case - Social Security. ALJ did not err in finding claimant retained residual functional capacity. 994288P.pdf 08/21/00 USA v. David Jon Gotchnik U.S. Court of Appeals Case No. 99-4288 and No. 99-4293 and No. 99-4292 and No. 99-4290 and No. 99-4289 District of Minnesota Criminal case - criminal law. While defendants, as members of the Bois Forte Band of Chippewa Indians, had the right to hunt and fish in the Boundary Waters Area, the Boundary Water Act's prohibition of the use of motorboats and motor vehicles in this area did not violate their rights under an 1854 treaty; the use of the most advanced means of transportation to reach the hunting and fishing areas is merely peripheral to the treaty rights, and a prohibition on the use of such methods did not effectively preclude plaintiffs from exercising their rights. [ August 18, 2000 ]

992083P.pdf 08/18/00 United States v. Theodore Tiger U.S. Court of Appeals Case No. 99-2083 Western District of Missouri Criminal case - Sentencing Guidelines. Any error in including misdemeanor conviction in criminal history was harmless as the district court clearly stated the sentence would be same with or without the additional point; argument concerning evidentiary point was withdrawn at sentencing and did not provide a basis for review on appeal. 992170P.pdf 08/18/00 Kathleen Burds v. Union Pacific Corp. U.S. Court of Appeals Case No. 99-2170 Eastern District of Missouri Civil case - ERISA. Plaintiffs' ERISA claims were barred as they failed to exhaust their administrative remedies. 993512U.pdf 08/18/00 Lisa Perks v. Kenneth S. Apfel U.S. Court of Appeals Case No. 99-3512 Western District of Missouri Civil case - Social Security. Claimant for surviving child benefits failed to establish, by clear and convincing evidence, that the deceased was the natural father of her child. 993518P.pdf 08/18/00 Bernard Cavegn v. Twin City Pipe U.S. Court of Appeals Case No. 99-3518 District of Minnesota Civil case - ERISA. District court erred in finding ERISA action was barred by Minnesota's two-year statute of limitations, as Plan administrators specifically informed plaintiff that his second application for benefits was being treated as a new application, and the time for filing this action ran from the denial of this second application rather than from denial of the initial application; court would not consider merits of the claim; matter remanded to the district court for further proceedings on the merits. 994138P.pdf 08/18/00 Clyde M. Lawson v. Andrew Hulm U.S. Court of Appeals Case No. 99-4138 District of South Dakota Civil case - civil rights. State troopers were entitled to qualified immunity on claim they used unreasonable force to subdue plaintiff as they reasonably believed he was concealing a weapon and that another trooper's life was in imminent danger. 994192P.pdf 08/18/00 Deborah Schoffstall v. William Henderson U.S. Court of Appeals Case No. 99-4192 District of North Dakota Civil case - civil rights. District court did not err in dismissing claims concerning emotional distress as a sanction after plaintiff instructed her health care providers not to respond to defendant's discovery requests and to dishonor her signed releases; by placing her medical condition in issue, plaintiff waived the psychotherapist-patient privilege and was not entitled to a protective order regarding the information defendant sought; plaintiff failed to establish defendant's actions in requiring her to take a physical or in giving her administrative leave while it determined her work status amounted to adverse employment action for sex discrimination or retaliation claim purposes; while supervisor's actions were boorish, plaintiff failed to show they were motivated by her gender. 994213P.pdf 08/18/00 United States v. Riccy Wells U.S. Court of Appeals Case No. 99-4213 Western District of Missouri Criminal case - criminal law. After deletion of misleading and inaccurate information, reconstructed search warrant affidavit failed to establish probable cause for search, and the district court did not err in suppressing the fruits of the search. [ August 17, 2000 ]

006009P.pdf 08/17/00 Donna Callier v. Leo J. Callier U.S. Court of Appeals Case No. 00-6009 Eastern District of Missouri Bankruptcy Appellate Panel. Bankruptcy court erred in reforming deed because there was no finding or evidence of mistake in the conveyance on the part of the grantor; under Missouri law, mistake on the part of one party to the instrument is insufficient to support reformation. 006022P.pdf 08/17/00 Kip M. Kaler v. Dean Nelson U.S. Court of Appeals Case No. 00-6022 District of North Dakota Bankruptcy Appellate Panel. Bankruptcy court did not err when ir ordered the trustee to abandon two parcels of property on the ground the parcels were of inconsequential value and benefit to the estate. 992122U.pdf 08/17/00 William Thomas Meloy v. Timothy Schuetzle U.S. Court of Appeals Case No. 99-2122 District of North Dakota Prisoner case - prisoner civil rights. District court did not err in dismissing Medcenter One from plaintiff's action alleging deliberate indifference to medical needs, as plaintiff failed to allege Medcenter had implemented a policy or custom which violated his Eighth Amendment rights; however, court erred in dismissing claim as to medical director and warden as it is possible plaintiff could, based on his complaint, show they knew of and disregarded his need for a Continuous Positive Airflow machine to treat his obstructive sleep apnea. 993522P.pdf 08/17/00 USA v. Michael Negele U.S. Court of Appeals Case No. 99-3522 Eastern District of Missouri Civil case - immigration. Jurisdictional challenges to order revoking citizenship rejected; record established Negele was ineligible for U.S. citizenship based on his activities as a member of the Waffen SS Death's Head Unit and improperly entered the U.S. in 1950 without a valid visa; district court did not err in revoking Negele's citizenship or in cancelling his certificate of naturalization. [ August 16, 2000 ]

993172P.pdf 08/16/00 Tracy Williams v. City of Kansas City U.S. Court of Appeals Case No. 99-3172 and No. 99-3273 Western District of Missouri Civil case - civil rights. Evidence was sufficient to support jury verdict for plaintiff on her hostile work environment claim, but it was not sufficient to support her jury verdict on her retaliation claims; while certain evidence, including evidence of supervisor's past affairs, was improperly admitted, the errors did not require a new trial. 994032U.pdf 08/16/00 Jay Gunderson v. ADM Investor Service U.S. Court of Appeals Case No. 99-4032 Northern District of Iowa Civil case - fraud. District court erred in dismissing fraud count for failure to state a claim as plaintiffs' allegations of an agency relation between ADM and the other defendants were legally sufficient. [ August 15, 2000 ]

006054P.pdf 08/15/00 Joseph Allen May v. IRS U.S. Court of Appeals Case No. 00-6054 Western District of Missouri Bankruptcy Appellate Panel. Evidence was overwhelming that May wilfully attempted to avoid his federal tax obligations, and the obligations were not dischargeable. 992511P.pdf 08/15/00 Robert J. Blackwell v. Michael Lurie U.S. Court of Appeals Case No. 99-2511 Eastern District of Missouri Civil case - bankruptcy. Bankruptcy Appellate Panel decision affirming bankruptcy court ruling finding void a transfer of real property reversed; Panel erred in finding debtor's disclaimer with respect to real property transaction was void and unenforceable; debtor never accepted his interest in the property and therefore could not have fraudulently transferred the property to his sons; case remanded for further proceedings on damages owed to sons as a result of their loss of their interest in the property. 992517P.pdf 08/15/00 Thelma Barton v. Wal-Mart Stores U.S. Court of Appeals Case No. 99-2517 Eastern District of Arkansas Civil case - civil rights. District court order granting attorneys' fees in sexual harassment case affirmed. 992945U.pdf 08/15/00 Marvin D. Sisk v. Michael Kubik U.S. Court of Appeals Case No. 99-2945 Northern District of Iowa Prisoner case - prisoner civil rights. District court did not err in granting medical personnel's motion for summary judgment on deliberate indifference to medical needs claims, as plaintiff failed to show the nurses failed to provide essential medical care or investigate an acute or escalating condition. 993103P.pdf 08/15/00 Jodi M. Carlson v. Hyundai Motor Co. U.S. Court of Appeals Case No. 99-3103 District of Minnesota Civil case - civil procedure. Plaintiff's case was not pending at the time the Minnesota State Legislature modified its seat belt gag rule; this court issued its mandate prior to effective date of the legislation and no certiorari petition was pending on the effective date; fact that time for filing for certiorari had not expired did not mean the case was pending. 993499U.pdf 08/15/00 United States v. Lee Ronald Dahmer U.S. Court of Appeals Case No. 99-3499 Western District of Missouri Civil case - taxes. District court order granting U.S. a summary judgment on its action to foreclose its tax liens affirmed without comment. [ August 14, 2000 ]

001063P.pdf 08/14/00 USA v. Luiz Carlos Gonzales U.S. Court of Appeals Case No. 00-1063 District of Nebraska Criminal case - Criminal law. Information provided to police by defendant's accomplice was sufficient to provide reasonable suspicion to stop defendant's vehicle, even though accomplice initially lied to police about his involvement and then "came clean" upon further questioning; police had probable cause for arrest; no error in sentencing defendant as a career offender. 001659U.pdf 08/14/00 United States v. Oscar L. Ventura U.S. Court of Appeals Case No. 00-1659 Western District of Missouri Criminal case - Sentencing Guidelines. Court did not err in not granting downward departure on unrequested ground. 993059U.pdf 08/14/00 Gary Fuller v. Wendell Rayburn U.S. Court of Appeals Case No. 99-3059 Western District of Missouri Civil case - civil rights. In absence of a transcript of proceedings, court cannot determine whether verdict was against the weight of the evidence. 994158U.pdf 08/14/00 USA v. Noel Flores-Garcia U.S. Court of Appeals Case No. 99-4158 Southern District of Iowa Criminal case - Sentencing Guidelines. Discretionary refusal to grant a downward departure is unreviewable; failure to advise defendant of his rights under the Vienna Convention is not a jurisdictional defect and was waived by his guilty plea. 994208P.pdf 08/14/00 George Willis v. State Farm U.S. Court of Appeals Case No. 99-4208 Western District of Arkansas Civil case -Insurance law. Evidence was sufficient to support jury verdict for insurer on grounds plaintiffs had made materially false statements in their insurance claim, and district court erred in granting plaintiff's motion for a new trial. 994219P.pdf 08/14/00 Trailmobile Trailer v. Electrical Workers U.S. Court of Appeals Case No. 99-4219 Eastern District of Arkansas Civil case - Arbitration. Whether employee was discharged for just cause was a matter of contract interpretation within the arbitrator's domain; arbitrator did not ignore the plain language of the agreement when he interpreted the collective bargaining agreement to find that while employee had engaged in a fight, he should not have been discharged. 994256U.pdf 08/14/00 Roderick Dodson v. City of St. Louis U.S. Court of Appeals Case No. 99-4256 Eastern District of Missouri Civil case -civil rights. African-American firefighter failed to prove his suspension for losing his radio was race-related, as defendants showed every firefighter who lost a radio was suspended, regardless of race. [ August 11, 2000 ]

982363P.pdf 08/11/00 Joseph Lee v. James Gammon U.S. Court of Appeals Case No. 98-2363 Western District of Missouri Prisoner case - habeas. Jury instruction on first-degree murder permitting jury to find Lee guilty of first-degree robbery by a method that had not been charged in the information did not deny Lee his Sixth and Fourteenth Amendment rights because he had notice and an opportunity to defend against the crime of which he was actually convicted. 982546P.pdf 08/11/00 USA v. Harvey Rea U.S. Court of Appeals Case No. 98-2546 District of Minnesota Criminal case - criminal law. On remand from the Supreme Court. Court reviews the Supreme Court's decision in Jones v. United States, 120 S.Ct. 2193 concerning the relationship of the arson statute and the Commerce Clause; case remanded for further findings on the burned building's connection with interstate commerce. 984027P.pdf 08/11/00 Hugs & Kisses v. Mario H. Aguirre U.S. Court of Appeals Case No. 98-4027 and No. 98-4028 District of Minnesota Civil case - Arbitration. Arbitration award vacated as the arbitrator was not chosen in accordance with the parties' arbitration agreement and Aguirre did not waive the right to participate in the selection of the arbitrator. 991807P.pdf 08/11/00 Charles C. Jackson v. City of St. Louis U.S. Court of Appeals Case No. 99-1807 Eastern District of Missouri Civil case - civil rights. City's issue that it was entitled to judgment as a matter of law on Title VII claims was not preserved for review; evidence was sufficient to support jury verdict that defendant Astorino's actions were racially motivated and delayed plaintiff's promotion; damage award splitting damages between the defendants affirmed. 992560P.pdf 08/11/00 George E. Bailey v. Marvin T. Runyon U.S. Court of Appeals Case No. 99-2560 District of Minnesota Civil case - civil rights. Award of nominal damages for same-sex harassment claim affirmed. See Bailey v. Runyon, 167 F.3d 466 (8th Cir. 1999). 992783P.pdf 08/11/00 Correy Peters v. Jim Lupient U.S. Court of Appeals Case No. 99-2783 District of Minnesota Civil case - consumer law. Car dealer's failure to disclose that it was retaining part of insurance premium that was supposedly being paid to a third party was a violation of the Truth In Lending Act; however, plaintiff failed to establish that he suffered any actual damages because he failed to show he could have obtained a lower price for the coverage; dissent by Judge Heaney on the damages issue. 992888P.pdf 08/11/00 Sandra Gartman v. Kenneth Apfel U.S. Court of Appeals Case No. 99-2888 Eastern District of Arkansas Civil case - Social Security. Denial of benefits reversed and case remanded for further consideration of medical evidence. 993081P.pdf 08/11/00 Richard E. Graham v. Contract Transport U.S. Court of Appeals Case No. 99-3081 Southern District of Iowa Civil case - Labor law. State law claim of tortious discharge was preempted by Section 301 of the Labor Management Relations Act; however, the court erred in finding plaintiff's state law claims for defamation per se and defamation per quod were preempted. 993223U.pdf 08/11/00 United States v. Howard Harris U.S. Court of Appeals Case No. 99-3223 Eastern District of Missouri Criminal case - Criminal law. Waiver of right of appeal unless court made an upward departure was knowing and voluntary; since sentence imposed was not an upward departure, case must be dismissed. 993312P.pdf 08/11/00 Ari Karl Stern v. Univ. of Osteopathic U.S. Court of Appeals Case No. 99-3312 Southern District of Iowa Civil case - Civil rights. Once University's medical expert attested that the accommodations offered to deal with plaintiff's dyslexia fully addressed his disability, it was up to plaintiff to establish a nexus between his requested testing scheme and his dyslexia in order to show that accommodations he requested were actually related to his disability; as he failed to do so, University was entitled to summary judgment. 993628P.pdf 08/11/00 Leo Fromm v. Commission of U.S. Court of Appeals Case No. 99-3628 Southern District of Iowa Civil case - civil rights. Americans with Disabilities Act does not abrogate states's sovereign immunity, and state did not waive its Eleventh Amendment immunity when it made a general appearance, filed an answer and responded to discovery. 993676P.pdf 08/11/00 Firefighters' Inst. v. City of St. Louis U.S. Court of Appeals Case No. 99-3676 and No. 99-4245 Eastern District of Missouri Civil case - civil rights. District court's discovery rulings affirmed; plaintiffs showed that City's battalion chiefs exam did have a disparate impact on African-Americans; however, the City showed the exam was job-related, and plaintiffs failed to refute that and failed to present any evidence of less discriminatory procedures. 994012P.pdf 08/11/00 Delores Stephens v. Rheem Mfg. Co. U.S. Court of Appeals Case No. 99-4012 Western District of Arkansas Civil case - civil rights. In sexual harassment case, the district court did not abuse its discretion in excluding testimony concerning rumors of sexual affairs between managers and employees; district court did not err in denying motion for new trial; evidence was sufficient to support verdict for employer and newly-discovered evidence was either cumulative or inadmissible. [ August 10, 2000 ]

001834U.pdf 08/10/00 United State v. Bradley Kielian U.S. Court of Appeals Case No. 00-1834 District of Nebraska Criminal case - Sentencing Guidelines. Challenges to drug quantity calculation, enhancement for possession of a firearm and inclusion of certain information in PSR rejected. 001839U.pdf 08/10/00 USA v. Harry D. Mosley, Jr. U.S. Court of Appeals Case No. 00-1839 and No. 00-1888 District of Nebraska Criminal case - Sentencing Guidelines. Court refuses to consider challenge to imposition of enhancement which did not affect offense level or sentence. 002531U.pdf 08/10/00 Mark D. Stone v. Larry Norris U.S. Court of Appeals Case No. 00-2531 Eastern District of Arkansas Prisoner case - prisoner civil rights. Sole remedy for restoration of good time credits is a habeas action. 992841U.pdf 08/10/00 Michael D. Baker v. J.W. Tippy U.S. Court of Appeals Case No. 99-2841 District of Minnesota Prisoner case - habeas. District court did not err in dismissing challenge to denial of good time credits; court did not err in denying motion for change of venue. 993540U.pdf 08/10/00 United States v. Eugene Montgomery U.S. Court of Appeals Case No. 99-3540 Eastern District of Missouri Criminal case - criminal law. Defendant knowingly and voluntarily waived his right to appeal his sentence; claim of ineffective assistance of counsel should be brought in a habeas action; guilty plea had a factual basis. 993757U.pdf 08/10/00 J. Williams, Jr. v. State of Iowa U.S. Court of Appeals Case No. 99-3757 Southern District of Iowa Prisoner case - prisoner civil rights. Dismissal of civil rights action affirmed without comment. 993776U.pdf 08/10/00 Layne A. Lindberg v. First Construction U.S. Court of Appeals Case No. 99-3776 District of South Dakota Civil case - torts. In action arising out of failed loan transaction, plaintiffs failed to establish defendants had a fiduciary duty to plaintiffs or that they made any false statement or promise to induce the deal; claims of intentional and negligent infliction of emotional distress were unsupported. 993852U.pdf 08/10/00 Will Reed, Jr. v. Marvin Morrison U.S. Court of Appeals Case No. 99-3852 Eastern District of Arkansas Prisoner case - habeas. Claim that Reed was entitled to federal credit for time he served on Mississippi charge rejected because the state never lost primary jurisdiction over him. [ August 09, 2000 ]

001300P.pdf 08/09/00 USA v. Jimmy Lee Stuckey U.S. Court of Appeals Case No. 00-1300 Eastern District of Arkansas Criminal case - criminal law. Supplemental instruction concerning period of possession of a weapon, while not ideal, was not prejudicial; discussion of constructive amendment and variance of the evidence; military drug convictions were not serious drug offenses for enhancement purposes under 18 U.S.C. Sec. 924(e). 001955P.pdf 08/09/00 USA v. Alejandro Castaneda U.S. Court of Appeals Case No. 00-1955 District of Minnesota Criminal case - Sentencing Guidelines. District court did not err in finding defendant was not entitled to a safety-valve sentence because he had not been fully truthful in statement concerning his involvement in the conspiracy. 002137U.pdf 08/09/00 USA v. John Devore U.S. Court of Appeals Case No. 00-2137 Northern District of Iowa Criminal case - Sentencing Guidelines. Discretionary denial of downward departure is unreviewable. 984075P.pdf 08/09/00 Marcia A. Hocevar v. Purdue Frederick Co. U.S. Court of Appeals Case No. 98-4075 District of Minnesota Civil case - civil rights. District court order granting employer a summary judgment on plaintiff's hostile work environment claim affirmed; court erred, however, in granting employer's motion for summary judgment on plaintiff's retaliation claim and that claim must be remanded for trial; Dissent by Judge Lay on hostile work environment claim. . 991002P.pdf 08/09/00 USA v. Ronnell McCrary U.S. Court of Appeals Case No. 99-1002 Eastern District of Arkansas Criminal case - criminal law. Where place of confinement was not part of the terms of the plea bargain, defendant serving concurrent federal and state time has no grounds to challenge whether he serves the time in state rather than federal custody. 992780U.pdf 08/09/00 Charles Scholl v. William Delaney III U.S. Court of Appeals Case No. 99-2780 District of South Dakota Prisoner case - prisoner civil rights. Officials were entitled to qualified immunity on claim that their decision to close prison law library and hire contract attorneys to meet prisoners' legal needs was a denial of access to the courts. 992784U.pdf 08/09/00 Larry A. Eaton v. Robert Dooley, et al U.S. Court of Appeals Case No. 99-2784 District of South Dakota Prisoner case - prisoner civil rights. Officials were entitled to qualified immunity on claim that their decision to close prison law library and hire contract attorneys violated prisoner's right to access to the courts. 993094U.pdf 08/09/00 USA v. Joaquin I. Foy U.S. Court of Appeals Case No. 99-3094 Western District of Missouri Criminal case - Criminal law. Clear and convincing evidence established Foy's need for continued commitment for his mental disease or defect. 993138P.pdf 08/09/00 Stanbury Law Firm v. IRS U.S. Court of Appeals Case No. 99-3138 District of Minnesota Civil case - Freedom of Information Act. Tax information concerning private charities is not subject to the Freedom of Information Act, and IRS was correct to conclude the it was not required to release the Page Foundation's Form 990; court correctly determined it was without authority to reform Foundation's tax status and convert it to a private foundation; district court erred, however, in striking plaintiff's pleadings under Rule 12(f), as the documents contained relevant information and did not impugn Minnesota Supreme Court Justice Alan Page. 993243U.pdf 08/09/00 Sterling Turnipseed v. Kenneth S. Apfel U.S. Court of Appeals Case No. 99-3243 District of Minnesota Civil case - Social Security. ALJ did not err in finding claimant could perform light work. 993763U.pdf 08/09/00 Betty Deemer v. Sharon Durell U.S. Court of Appeals Case No. 99-3763 Southern District of Iowa Civil case - Civil rights. Defendant's summary judgment on First Amendment claim affirmed without comment. 993931U.pdf 08/09/00 Vernicesa F. Barnes v. McDonald's Corp. U.S. Court of Appeals Case No. 99-3931 Eastern District of Arkansas Civil case - contracts. Plaintiff did not comply with rules of promotion conducted by McDonald's and was not entitled to prize; McDonald's did not violate the provisions of the Arkansas Prize Promotion Act. 993974P.pdf 08/09/00 Est. of J. Branson v. O.F. Mossberg & Sons U.S. Court of Appeals Case No. 99-3974 Southern District of Iowa Civil case - torts. Iowa's statute of repose is constitutional. 994028U.pdf 08/09/00 Jody A. Henderson v. Heartland Press U.S. Court of Appeals Case No. 99-4028 Northern District of Iowa Civil case - civil rights. Plaintiff's Title VII claims must fail because she can show neither tangible employment action nor severe or pervasive conduct. 994082P.pdf 08/09/00 Linda Fletcher v. Price Chopper Foods U.S. Court of Appeals Case No. 99-4082 and No. 99-4083 Eastern District of Arkansas Civil case - torts. Plaintiff failed to show that her employer's action in obtaining medical information from her treating physician was an actionable intrusion on her privacy; plaintiff failed to show the action was highly offensive or that she had an expectation of privacy; reversal of compensatory damages award requires reversal of punitive damage award. 994191P.pdf 08/09/00 Linda D. Higgins v. Kenneth S. Apfel U.S. Court of Appeals Case No. 99-4191 Eastern District of Arkansas Civil case - Social Security. District court did not err in remanding the case to the Commissioner for further proceedings on whether claimant had transferrable skills. [ August 08, 2000 ]

981714U.pdf 08/08/00 USA v. Gary C. Haney U.S. Court of Appeals Case No. 98-1714 Eastern District of Arkansas Prisoner case - habeas. Haney did not establish a due process violation concerning claim government used perjured testimony as he did not show government knowingly used perjured testimony and that there was reasonable likelihood it could have affected the verdict; Haney failed to establish a gateway for his procedurally defaulted claims. 984087U.pdf 08/08/00 Margaret Holmes v. Delta Memorial U.S. Court of Appeals Case No. 98-4087 and No. 99-2057 Eastern District of Arkansas Civil case - civil rights. Employee's verdict on race discrimination claims affirmed as supported by substantial evidence; district court did not abuse its discretion in reducing the fees requested by her attorney. 992630P.pdf 08/08/00 Bennie Rozman v. Columbia Heights U.S. Court of Appeals Case No. 99-2630 District of Minnesota Civil case - civil rights. City code provisions requiring landlord to provide notice to his tenants of city inspections for purposed of enforcing the building code are not unconstitutional. 993198U.pdf 08/08/00 Anton "Tony" Carlson v. Cooperative Power U.S. Court of Appeals Case No. 99-3198 District of North Dakota Civil case - civil rights. Magistrate judge erred in applying burden-shifting McDonnell Douglas analysis to a claim under the North Dakota Human Rights Act; however, under proper analysis, plaintiff failed to make a prima facie case of discrimination; judge's comments at trial, while unbefitting a federal judge, were not grounds for a new trial. Dissent by Judge Bright. 993881P.pdf 08/08/00 United States v. Phillip Johnston U.S. Court of Appeals Case No. 99-3881 and No. 99-3882 Southern District of Iowa Criminal case - Sentencing Guidelines. Court did not err in considering two prior drug convictions to impose a mandatory life sentence; courts which sentenced defendant in those cases were not required to warn him that his guilty pleas might have a severe impact in the event he committed future crimes; court did not err in refusing to compel government to file a 5K1.1 motion. 994171P.pdf 08/08/00 IAFF v. City of Kansas City U.S. Court of Appeals Case No. 99-4171 Western District of Missouri Civil case - Labor law. Kansas City ordinance barring management-level firefighters from union membership infringes on their First Amendment associational rights; application of the ordinance was unreasonable as City failed to show its application served an significant government interest to the extent necessary to outweigh a significant interference with the employees' rights. [ August 07, 2000 ]

001346U.pdf 08/07/00 USA v. Sondra Readshaw U.S. Court of Appeals Case No. 00-1346 Northern District of Iowa Criminal case - Sentencing Guidelines. Challenge to drug quantity calculation rejected; when undercover officer told the defendant about other proposed transactions, it was not necessary that the officer actually intend to follow through on the sales in order for the quantities of drugs they discussed to be included in the quantity calculations. 006006P.pdf 08/07/00 James E. Bachman v. Joel Pelofsky U.S. Court of Appeals Case No. 00-6006 District of Nebraska Bankruptcy Appellate Panel. Order reducing debtor's attorney's fee request affirmed. 983269U.pdf 08/07/00 Rickey Hale Daffron v. Larry Norris U.S. Court of Appeals Case No. 98-3269 Eastern District of Arkansas Prisoner case - habeas. When a habeas petitioner raises a claim of actual innocence to excuse procedural default, he must support his allegations with new, reliable evidence that was not presented at trial; here, the evidence advanced was not new; claim of ineffective assistance of counsel in connection with plea bargain rejected. 992469U.pdf 08/07/00 United States v. Guzman-Villacana U.S. Court of Appeals Case No. 99-2469 District of Minnesota Criminal case - Sentencing Guidelines. Challenge to Guidelines provision was precluded by plea agreement; court did not plainly err in failing to grant an unrequested downward departure. 992992P.pdf 08/07/00 Kenneth Summerville v. TWA U.S. Court of Appeals Case No. 99-2992 Eastern District of Missouri Civil case - civil rights. Employee's verdict on claim of race discrimination affirmed without comment; decision on grievance precluded plaintiff's disability discrimination claim because hearing board concluded lifting was an essential part of holiday, week-end and day-shift trading employment under the parties' collective bargaining agreement, and record established plaintiff could not perform such lifting and could not, therefore, qualify for the position. 993590P.pdf 08/07/00 Brenda D. Birmingham v. Omaha School Dist. U.S. Court of Appeals Case No. 99-3590 Western District of Arkansas Civil case -Education law. School district violated the Individuals with Disability Education Act by graduating plaintiff's disabled 18 year-old daughter early without providing plaintiff with written notice of its action; court erred in applying Arkansas Administrative Procedure Act's 30 day limitations period to determine whether the action was timely; instead, Arkansas's three year personal injury limitations period applied; matter remanded to determine nature and extent of the compensatory education to which the student is entitled. [ August 04, 2000 ]

992984P.pdf 08/04/00 Lois Cunningham v. Kenneth S. Apfel U.S. Court of Appeals Case No. 99-2984 District of Minnesota Civil case - Social Security. Record as a whole does not support ALJ's finding that claimant was not disabled; ALJ failed to properly consider the combined effects of claimant's numerous physical and mental impairment and the treating physicians' opinions that claimant suffered from diabetic neuropathy and disabling depression; case remanded with directions to award benefits. [ August 03, 2000 ]

001382U.pdf 08/03/00 Melvin Leroy Tyler v. Mavis Thompson U.S. Court of Appeals Case No. 00-1382 Eastern District of Missouri Prisoner case - prisoner civil rights. District court did not abuse its discretion in denying Rule 60(b)(6) motion. 001512P.pdf 08/03/00 United States v. Eric Daniel Harris U.S. Court of Appeals Case No. 00-1512 Eastern District of Arkansas Criminal case - criminal law. Confession made during second interview after defendant indicated he wanted to talk to a lawyer at the close of the first interview was admissible because the three hour break in custody between the two interviews defeats the protection extended by Edwards v. Arizona, 451 U.S. 477 (1981). 991657P.pdf 08/03/00 Gail Brookins v. Intl. Motor Contest U.S. Court of Appeals Case No. 99-1657 Northern District of Iowa Civil case - Antitrust. In sports activities, unless a rule-maker's decision was tainted by supplier coercion, the exclusion of a particular kind of equipment is the incidental result of defining the rules of the game and does not constitute a violation of the antitrust laws; district court did not err in requiring plaintiffs to define the relevant market and to show that IMCA had market power in that market; given that auto racing has many classes, plaintiffs could not define the relevant market as IMCA-sanctioned modified car racing; plaintiff failed to show IMCA colluded with plaintiff's rivals to exclude its modified transmission. 992249P.pdf 08/03/00 United States v. Efrain Juan-Manuel U.S. Court of Appeals Case No. 99-2249 District of Nebraska Criminal case - Sentencing Guidelines. Under the applicable commentary to the Guidelines, a defendant who assists in transporting illegal aliens in exchange for his own entry may be found to have committed the offense for profit, and district court did not err in enhancing sentence on that ground; district court erred in providing that defendant's period of supervised release would be tolled by deportation or unknown presence in the U.S., as the sentencing court does not have such authority under 18 U.S.C. Sec. 3583(d). 992479U.pdf 08/03/00 Richard Blakely v. Mikael Bates et al. U.S. Court of Appeals Case No. 99-2479 Western District of Arkansas Civil case - prisoner civil rights. District court did not err in entering judgment for defendants on pretrial detainee's claims he was denied medical treatment during and following his arrest. 992565P.pdf 08/03/00 LaTonya Jean Whitley v. Peer Review Systems U.S. Court of Appeals Case No. 99-2565 District of Minnesota Civil case - civil rights. Assuming plaintiff made a prima facie case of race discrimination, she failed to show employer's stated grounds for discharge - inadequate performance and insubordination - were pretexts for discrimination. 992679P.pdf 08/03/00 Rhonda Otting v. J.C. Penney Co. U.S. Court of Appeals Case No. 99-2679 and No. 99-2680 Southern District of Iowa Civil case - civil rights. For purposes of the Americans With Disabilities Act, plaintiff's epilepsy qualified her as a disabled person because her illness substantially limited the major life activities of speaking, walking, and seeing; sufficient evidence was presented to support the jury's determination that employer acted with malice or deliberate indifference to plaintiff's ADA rights, and the court erred in setting aside the jury's award of punitive damages; instruction defining disability, while deficient, was not grounds for reversal. 992758U.pdf 08/03/00 Jerry William Weber v. Frank W. Wood U.S. Court of Appeals Case No. 99-2758 District of Minnesota Prisoner case - prisoner civil rights. Defendant's summary judgment in retaliatory-transfer action affirmed without comment. 992782P.pdf 08/03/00 Robert Mems v. City of St. Paul U.S. Court of Appeals Case No. 99-2782 District of Minnesota Civil case - civil rights. District court erred in granting City summary judgment on African-American firefighters' claims of disparate treatment because the firefighters created genuine issues of material fact as to hostile work environment and whether the City's remedial actions were effective; plaintiffs failed to produce racially-significant evidence that African-Americans were disparately impacted by City's promotional exam, and the court properly granted the City a summary judgment on that issue. 993007P.pdf 08/03/00 Rich Lemonds v. St. Louis County U.S. Court of Appeals Case No. 99-3007 and No. 99-3930 Eastern District of Missouri Civil case - Section 1983. Suit to enjoin disincorporation of municipality of Peerless Park, Missouri would, as a practical matter, directly nullify the state court decision upholding disincorporation and is barred by the Rooker-Feldman doctrine; parties in the state and federal action need not be identical for doctrine to apply, especially where the federal plaintiffs had ample opportunity to raise their federal claims in state court as they were city officials and were well aware of the state action. 993496U.pdf 08/03/00 Penny M. Thunburg v. Kenneth Apfel U.S. Court of Appeals Case No. 99-3496 Eastern District of Arkansas Civil case - Social Security. Denial of disability benefits affirmed as substantial evidence supported the ALJ's finding that claimant could perform specific light-work jobs. 993525U.pdf 08/03/00 United States v. Silverio Reyes U.S. Court of Appeals Case No. 99-3525 District of Nebraska Criminal case - Sentencing Guidelines. Court did not err in imposing enhancement for possession of a handgun; dissent by Judge McMillian. 993679P.pdf 08/03/00 USA v. Findett Corporation U.S. Court of Appeals Case No. 99-3679 Eastern District of Missouri Civil case - Environmental law. Government's 1990 suit, which resulted in a consent decree under which defendant agreed to implement a remediation plan was an initial action for CERCLA purposes and made this suit to recover response costs a subsequent action; as a result, it was timely and was not barred by the applicable statute of limitations provisions; district court did not err in granting summary judgment for the government for $3.2 million in response costs. 993797U.pdf 08/03/00 Theresa Hermes v. State of NE U.S. Court of Appeals Case No. 99-3797 District of Nebraska Civil case - Civil rights. Americans With Disabilities Act claims were barred by the Eleventh Amendment. 993978U.pdf 08/03/00 USA v. Michael Chambliss U.S. Court of Appeals Case No. 99-3978 Eastern District of Arkansas Criminal case - Criminal law. In cases involving revocation of supervised release, 18 U.S.C. Sec. 3583(h) does not act retroactively, and its application does not violate the ex post facto clause; Section 3583(e)(3) has always allowed imposition of periods of supervised release following periods of imprisonment. 994031U.pdf 08/03/00 Mary L. Sanderson v. IA Comm. of Veterans U.S. Court of Appeals Case No. 99-4031 Southern District of Iowa Civil case - Civil rights. Under the Eleventh Amendment, Commission was immune from ADA action. 994126P.pdf 08/03/00 USA v. Paul W. Moore U.S. Court of Appeals Case No. 99-4126 District of Minnesota Criminal case - criminal law. District court did not err in denying motion for new trial based on newly-discovered evidence as the evidence was neither newly-discovered nor likely to produce an acquittal. [ August 02, 2000 ]

001246P.pdf 08/02/00 United States v. Gary Lee Winters U.S. Court of Appeals Case No. 00-1246 Northern District of Iowa Criminal case - criminal law. Officer's concern for his safety justified his placing his head inside the defendant's vehicle; smell of raw marijuana created probable cause for search of defendant's car and its containers. 992975P.pdf 08/02/00 United States v. Bruce A. Beckman U.S. Court of Appeals Case No. 99-2975 and No. 99-2978 District of South Dakota Criminal case - criminal law. Voir dire on presumption of innocence and reasonable doubt was sufficient to ensure an impartial jury; instructions on plea bargaining and witness credibility were correct; evidence was sufficient to establish a conspiracy; however, district court's improper restrictions on cross-examination of government witnesses required a new trial. 993153P.pdf 08/02/00 James Scroggins v. University of MN U.S. Court of Appeals Case No. 99-3153 District of Minnesota Civil case - civil rights. Plaintiff failed to produce evidence University's grounds for firing him were pretextual. 993174P.pdf 08/02/00 Carl Shen v. Leo A. Daly Co. U.S. Court of Appeals Case No. 99-3174 and No. 99-3333 District of Nebraska Civil case - Agency. Defendant did not establish Taiwanese judgment should be given preclusive effect under the principles of res judicata; evidence established defendant breached its duty of good faith and fair dealing with plaintiff, its agent, when it failed to notify Taiwanese officials that plaintiff was no longer its responsible person, thereby subjecting him to liability for unpaid taxes; restrictions on plaintiff's ability to leave Taiwan as a result of defendant's inaction did not make defendant liable for false imprisonment; defendant was entitled to setoff of funds Taiwan paid plaintiff; plaintiff was entitled to attorneys' fees for Taiwanese litigation, but was not entitled under Nebraska law to attorneys' fees for action for breach of fiduciary duty. 993744P.pdf 08/02/00 Tyra Santucci v. Allstate Life Ins. U.S. Court of Appeals Case No. 99-3744 Eastern District of Arkansas Civil case - Insurance. District court did not err in reforming insurance contract based on mutual mistake. [ August 01, 2000 ]

002485U.pdf 08/01/00 Fred DuVall v. Van Buren Cty U.S. Court of Appeals Case No. 00-2485 Eastern District of Arkansas Civil case - civil procedure. Order granting continuance of hearing on request for injunctive relief does not have the practical effect of granting or denying an injunction and is not appealable. 002533U.pdf 08/01/00 Thomas Waller v. Henry Morris U.S. Court of Appeals Case No. 00-2533 Western District of Arkansas Prisoner case - prisoner civil rights. Court-appointed attorney was not a state actor for purposes of Section 1983. 991618P.pdf 08/01/00 Charmaine Hunter v. Lonnie Namanny U.S. Court of Appeals Case No. 99-1618 Southern District of Iowa Civil case - civil rights. On basis of reconstructed affidavit, search warrant was not supported by probable cause, and officer was not entitled to summary judgment based on qualified immunity for claim of illegal search; however, he was entitled to summary judgment on claims he wrongfully deprived plaintiff of use of a restroom and that he used excessive force in effecting the arrest; dissent by Judge Beam. 991855P.pdf 08/01/00 Actonet v. Allou Health & U.S. Court of Appeals Case No. 99-1855 District of Nebraska Civil case - contracts. District court erred in submitting to the jury the issue of whether the termination provision in the parties' contract was ambiguous; damage instructions did not reflect plain meaning of the parties' contract; HTML codes are similar enough to photographs that the criteria governing admission of photos should be applied to determining whether HTML codes should be admitted; district court did not abuse its discretion in admitting the codes. 993052U.pdf 08/01/00 Charles Wylie v. MacMillian Bloedel U.S. Court of Appeals Case No. 99-3052 Western District of Arkansas Civil case - ERISA. District court properly interpreted provisions of the ERISA plan concerning years of service. 993547U.pdf 08/01/00 Nicie Dillehay v. Joshua Pinkerton U.S. Court of Appeals Case No. 99-3547 Eastern District of Arkansas Civil case. Dismissal of complaint affirmed without comment. 994165U.pdf 08/01/00 United States v. Ai Minh Le U.S. Court of Appeals Case No. 99-4165 District of Nebraska Criminal case - Sentencing Guidelines. District court did not err in failing to grant a sua sponte departure.