OPINIONS ARE POSTED DAILY BETWEEN 10:00 and 11:00 a.m.


Current Opinions are for Wednesday, July 08, 2020 

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.

183418P.pdf     07/08/2020  Angela Noerper  v.  Andrew Saul
   U.S. Court of Appeals Case No:  18-3418
   U.S. District Court for the Eastern District of Missouri - Cape Girardeau   
   [PUBLISHED] [Melloy, Author, with Kelly and Stras, Circuit Judges] 
   Civil case - Social Security. Although the administrative record provides 
   ample support for the ALJ's determinations regarding the severity and 
   limiting effect of most of claimant's impairments, further development of 
   the record is required as to her functional limitations on walking and 
   standing, and the district court's judgment affirming the denial of 
   benefits is reversed and the matter remanded with directions to return the 
   matter to the Commissioner for further proceedings consistent with the 
   opinion. Judge Stras, dissenting. 
  
191438U.pdf     07/08/2020  United States  v.  Christopher Logan
   U.S. Court of Appeals Case No:  19-1438
   U.S. District Court for the Western District of Missouri - Kansas City   
   [UNPUBLISHED] [Per Curiam - Before Smith, Chief Judge, and Colloton and 
   Stras, Circuit Judges] 
  Criminal case - Sentencing. The court's order reconsidering its denial of Logan's 
   motion for a sentence reduction demonstrated that it knew that Logan was 
   eligible for a sentence reduction and that it possessed the discretion to 
   grant or deny the request; any error in not stating its calculation of the 
   amended Guidelines range was harmless because the parties referenced and 
   agreed to an amended range of 130 to 162 months, which this court assumes 
   the district court adopted; having determined Logan was eligible for a 
   reduction, the court reviewed the 3553(a) factors and determined factors 
   such as Logan's extensive criminal history, weapon enhancement and lack of 
   respect for the law outweighed any mitigating factors; the court did not 
   abuse its discretion in weighing the factors and determining it would not 
   grant a reduction. Judge Stras, dissenting. 
  
193023P.pdf     07/08/2020  United States  v.  Jeremy Fisher
   U.S. Court of Appeals Case No:  19-3023
   U.S. District Court for the Western District of Missouri - Springfield   
   [PUBLISHED] [Per Curiam - Before Smith, Chief Judge, and Benton and Kobes, 
   Circuit Judges] 
   Criminal case - Sentencing. The district court did not err in imposing 
   enhancements for possessing three to seven firearms and possessing a 
   firearm capable of accepting a high capacity magazine, as the evidence was 
   sufficient to show constructive or joint possession, if not actual 
   possession of the weapons; no error in imposing an enhancement for 
   possession of the firearm in connection with another felony offense, as 
   the firearm facilitated or had the potential of facilitating drug 
   possession; any error in imposing any of the enhancements was harmless as 
   the district court expressly stated it would have adopted the sentence 
   regardless of its rulings on the enhancements.