DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
063654U.pdf 09/15/2008 United States v. Gerald J. Johnson
U.S. Court of Appeals Case No: 06-3654
District of North Dakota - Fargo
[UNPUBLISHED] [Per Curiam - Before Wollman, Smith and
Gruender, Circuit Judges]Criminal case - criminal law and sentencing. Evidence was sufficient to support defendant's convictions on drug and gun charges; search of defendant's residence was valid, as defendant was on probation and his probation officer had a reasonable suspicion to believe that defendant was involved with guns and drugs; the issues raised in defendant's pro briefs are rejected. 071459U.pdf 09/15/2008 Joseph Johnson v. Special Agent Josh Florell U.S. Court of Appeals Case No: 07-1459 U.S. District Court for the District of Minnesota - Minneapolis [UNPUBLISHED] [Per Curiam - Before Wollman, Smith and Gruender, Circuit Judges]
Civil case - Civil rights. Dismissal and grant of summary judgment in favor of defendants in this Bivens action is affirmed without comment. 071819U.pdf 09/15/2008 Robert Singleton v. City of Lake Ozark U.S. Court of Appeals Case No: 07-1819 U.S. District Court for the Western District of Missouri - Jefferson City [UNPUBLISHED] [Per Curiam - Before Wollman, Bright and Smith, Circuit Judges]
Civil case - civil rights. Defendants' summary judgment affirmed without comment. 072971P.pdf 09/15/2008 James Juszczyk v. Michael Astrue U.S. Court of Appeals Case No: 07-2971 U.S. District Court for the Western District of Missouri - Kansas City [PUBLISHED] [Melloy, Author, with Loken, Chief Judge, and John R. Gibson, Circuit Judge]
Civil case - Social Security. ALJ applied the correct legal standard in evaluating claimant's residual functional capacity, and the decision that claimant retained the residual functional capacity to do jobs which existed in significant numbers in the national economy was supported by the record as a whole; ALJ properly weighed the evidence concerning claimant's mental impairments while assessing his residual functional capacity and properly evaluated the treating psychologist's testimony. 073850P.pdf 09/15/2008 Cincinnati Indemnity Co. v. A & K Construction Co. U.S. Court of Appeals Case No: 07-3850 U.S. District Court for the Western District of Missouri - Jefferson City [PUBLISHED] [Benton, Author, with Melloy and Arnold, Circuit Judges]
Civil case - insurance. In light of pending state court action involving the same parties and issues, the district court erred in not abstaining, and the judgment dismissing the matter for lack of jurisdiction is vacated; the case is remanded for further consideration as to whether it should be dismissed without prejudice or stayed. 073891P.pdf 09/15/2008 United States v. Debra Price U.S. Court of Appeals Case No: 07-3891 U.S. District Court for the Eastern District of Arkansas - Little Rock [PUBLISHED] [Smith, Author, with Gruender, Circuit Judge, and Rosenbaum, District Judge]
Criminal case - Criminal law and sentencing. Evidence was sufficient to support defendant's conviction for conspiracy to commit wire fraud; district court did not abuse its discretion in denying defendant's motion requesting it to conduct an in camera review of FBI 302s; district court did not err in denying defendant's request for a minor role adjustment as defendant's role was not minor compared to other participants in the scheme; below-guidelines range sentence was reasonable.