for the Eighth Circuit

121043U.pdf   05/08/2013  Dr. Mumbi Mwangi  v.  Dale Braegelmann
   U.S. Court of Appeals Case No:  12-1043
                          and No:  12-1317 etc.
   U.S. District Court for the District of Minnesota - Minneapolis   
   [UNPUBLISHED] [Per Curiam - Before Wollman, Bye and Colloton,
   Circuit Judges]
   Civil case - Civil Rights. As a resident alien, plaintiff has standing to
   sue under Section 1981 for discrimination in the making of private
   contracts, but she has no standing to sue under Section 1982, because that
   section protects of the rights of U.S. citizens; for purposes of Section
   1981 plaintiff was a member of a protected class, but she could not
   demonstrate discriminatory intent on defendant's part or that she was
   engaged in protected activity, two of the elements of a Section 1981
   claim, and the district court did not err in granting defendant judgment as
   a matter of law; district court did not err in denying both parties' motions
   for sanctions.
  
121058P.pdf   05/08/2013  Luisa Chavez-Lavagnino  v.  Motivation Education Training
   U.S. Court of Appeals Case No:  12-1058
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Colloton, Author, with Riley, Chief Judge, and
   Gruender, Circuit Judge]
   Civil case - Civil Procedure. Case remanded for the limited purpose of
   permitting the district court to determine whether the parties were
   completely diverse when the plaintiffs filed their complaint and when
   defendants filed the notice removing the case to federal court; if the court
   finds defendant Cerna was a citizen of Minnesota when the case was filed
   or removed, such that complete diversity was lacking, then the court
   should also determine whether to dismiss her as a dispensable nondiverse
   party pursuant to Fed. R. Civ. P. 21.
  
121940P.pdf   05/08/2013  Primitivo Alavez-Hernandez  v.  Eric H. Holder, Jr.
   U.S. Court of Appeals Case No:  12-1940
   Petition for Review of an Order of the Board of Immigration Appeals   
   [PUBLISHED] [Bye, Author, with Murphy and Shepherd, Circuit Judges]
   Petition for Review - Immigration. Immigration Judge and the BIA did
   not err in concluding that the physical attacks plaintiffs suffered in their
   home village had not been severe enough to rise to the level of
   persecution because they were not life threatening; nor did the other
   detrimental conditions they suffered as Evangelical Christians, such as
   denial of services, rise to the level of persecution; even if the petitioners
   had suffered past persecution, they were not entitled to withholding of
   removal because they could avoid future persecution by reasonably
   relocating to a larger city, such as Oaxaca City, where their families
   relocated.
  
122395P.pdf   05/08/2013  Miles LaCross  v.  City of Duluth
   U.S. Court of Appeals Case No:  12-2395
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Wollman, Author, with Bye and Colloton, Circuit Judges]
   Civil case - civil rights. In September, 2006, when defendant tasered
   plaintiff, a reasonable police officer could have believed that as long as
   he did not cause more than de minimis injury to an arrestee, his actions
   would not violate the Fourth Amendment; plaintiff had not set forth
   sufficient evidence to show defendant's application of a Taser caused
   more than de minimis injury, and the officer was entitled to qualified
   immunity because he did not violate plaintiff's then clearly established
   constitutional rights.
  
122432U.pdf   05/08/2013  George Butler  v.  Sivyer Steel Corporation
   U.S. Court of Appeals Case No:  12-2432
   U.S. District Court for the Southern District of Iowa - Davenport   
   [UNPUBLISHED] [Per Curiam - Before Bye, Arnold and Shepherd,
   Circuit Judges]
   Civil case - Employment discrimination. Defendant offered a
   legitimate, nondiscriminatory basis for firing plaintiff - violation of shop
   rules - which plaintiff failed to show was pretextual.
  
122853P.pdf   05/08/2013  United States  v.  John Arrocha
   U.S. Court of Appeals Case No:  12-2853
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Loken, Author, with Riley, Chief Judge, and Shepherd,
   Circuit Judge]
   Criminal case - Criminal law. While the arresting officer exercised
   some discretion in determining that defendant's vehicle had to be towed,
   he acted within the degree of standardized criteria or established routine
   that the court's prior towing cases require, and the district court did not
   err in denying defendant's motion to suppress a weapon found during an
   inventory search conducted prior to the towing.
  
123177U.pdf   05/08/2013  United States  v.  Enrique Ramirez
   U.S. Court of Appeals Case No:  12-3177
   U.S. District Court for the Western District of Missouri - Kansas City   
   [UNPUBLISHED] [Per Curiam - Before Murphy, Smith and Colloton,
   Circuit Judges]
   Criminal case - Criminal law. Anders case. Defendant executed a valid
   waiver of his appeal rights as part of the plea agreement, and this appeal
   from his sentence must be dismissed.
  
123227U.pdf   05/08/2013  James Widtfeldt  v.  Kay Ponte
   U.S. Court of Appeals Case No:  12-3227
   U.S. District Court for the District of Nebraska - Omaha   
   [UNPUBLISHED] [Per Curiam - Before Loken, Melloy and Benton,
   Circuit Judges]
   Civil case. Plaintiff's action seeking injunctive relief against taxation
   officials and the U.S. was prohibited by the Anti-Injunction Act.
  
123553U.pdf   05/08/2013  Frederick Pitchford  v.  EEOC
   U.S. Court of Appeals Case No:  12-3553
   U.S. District Court for the Eastern District of Arkansas - Jonesboro   
   [UNPUBLISHED] [Per Curiam - Before Murphy, Smith and Colloton,
   Circuit Judges]
   Civil case - Civil rights. Dismissal of Section 1985 action affirmed
   without comment.
  
123813P.pdf   05/08/2013  United States  v.  Alireza Bakhtiari
   U.S. Court of Appeals Case No:  12-3813
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Per Curiam - Before Murphy, Beam and Bye,
   Circuit Judges]
   Criminal case - Sentencing. Based on the nature of the threats made in
   the case, the district court did not err in imposing an eight-level
   enhancement under Guidelines Sec. 2J1.2(b)(1)(B); no error in imposing
   a two-level enhancement under Guidelines Sec. 2J1.2(b)(3)(C) as
   defendant undertook extensive planning and preparation; district court
   did not err in denying a two-level reduction under Guidelines Sec. 3E1.1
   where defendant retreated from his admission of guilt at sentencing,
   revived false allegations and refused to express remorse or accept
   responsibility for his actions; sentence was not substantively
   unreasonable.
  
136002P.pdf   05/08/2013  Michele Hathorn  v.  Corwin Petty
   U.S. Court of Appeals Case No:  13-6002
   U.S. Bankruptcy Court for the Western District of Arkansas - Fayetteville   
   [PUBLISHED] [Saladino, Author, with Kressel and Shodeen,
   Bankruptcy Judges]
   Bankruptcy Appellate Panel. Since there is no deadline for filing a
   complaint under 11 U.S.C. Sec. 523(a)(3)(B), the Hawthorns have the
   right to proceed with their complaint to try and prove that they hold a
   debt of the kind described in Sec. 523(a)(6); order dismissing complaint
   as untimely reversed, and the matter remanded for further proceedings.