OPINIONS ARE POSTED DAILY BETWEEN 10:00 and 11:00 a.m. Today is: [ Sunday June 26, 2022 ] - - - - - NO OPINIONS HAVE BEEN POSTED TODAY The most recent opinions are for: [ 06/24/2022 ]  
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.
212131U.pdf  06/24/2022  United States  v.  Ricardo Barraza
   U.S. Court of Appeals Case No:   21-2131
   U.S. District Court for the District of Nebraska - Omaha   
[UNPUBLISHED] [Per Curiam - Before Smith, Chief Judge, and Wollman and Grasz, Circuit Judges] Criminal case - Sentencing. The district court did not clearly err in finding defendant had acted willfully when he fled to Mexico and failed to appear for sentencing; no error in denying defendant's request for an acceptance-of-responsibility reduction under Guidelines Sec. 3E1.1 where defendant lived in Mexico for almost a decade and only returned to the U.S. when he needed urgent medical care; no error in denying a downward departure under Guidelines Sec. 5H1.4 based on physical condition as the court considered defendant's medical issues and treatment, recognizing that the Bureau of Prisons had provided life-saving care and recommending placement in a federal medical center; defendant's bottom-of-the-guidelines-range sentence was not an abuse of the district court's discretion.
212608P.pdf  06/24/2022  Intl Assn of Sheet Metal, Air, Rail & Trans  v.  Iowa Northern Railway Company
   U.S. Court of Appeals Case No:   21-2608
   U.S. District Court for the Northern District of Iowa - Eastern   
[PUBLISHED] [Loken, Author, with Gruender and Grasz, Circuit Judges] Civil case - Railway Labor Act. In this action the Union alleged the railroad violated the Act by unlawfully resorting to self-help and setting daily pay rates and ending deduction of union dues; the Union sought a preliminary injunction restoring the status quo; the district court denied the request for injunctive relief on the ground the Union was unlikely to succeed on the merits, and the Union appeals. Held: the district court did not err in concluding the Union was not entitled to injunctive relief. First, the Union's failure to respond to the railroad's Section 6 RLA notice significantly reduced its likelihood of success on the merits; further, the railroad complied with the waiting periods set out in Section 6 before taking any action, thereby satisfying its statutory obligation to give the Union notice of its intent to make the pay change and an opportunity to request National Mediation Board services; there was also a dispute of material fact as to the status of the Union's earlier Section 6 notice, making an injunction inappropriate in the light of the dispute; finally, there was a significant issue as to whether the Union had complied with its duties under Section 8 of the Norris-LaGuardia Act, a necessary prerequisite to district court jurisdiction to grant the status quo injunctive relief the Union sought.
212816P.pdf  06/24/2022  Sanborn Savings Bank  v.  Connie Freed
   U.S. Court of Appeals Case No:   21-2816
   U.S. District Court for the Northern District of Iowa - Western   
[PUBLISHED] [Erickson, Author, with Gruender and Benton, Circuit Judges] Civil case. The district court did not err in determining the bank was entitled to escrowed condominium sale proceeds under the terms of the mortgage's future advance clause and her ex-husband's subsequently-issued business notes; the indisputable evidence showed the mortgage on the condo secured the business notes; the mortgage was enforceable.
213351U.pdf  06/24/2022  United States  v.  Christopher Roundtree
   U.S. Court of Appeals Case No:   21-3351
   U.S. District Court for the Northern District of Iowa - Eastern   
[UNPUBLISHED] [Per Curiam - Before Grasz, Stras, and Kobes, Circuit Judges] Criminal case - Sentencing. The sentence imposed upon the revocation of defendant's supervised release was not an abuse of the district court's discretion.
213615U.pdf  06/24/2022  Lisa Biron  v.  Michael Carvajal
   U.S. Court of Appeals Case No:   21-3615
   U.S. District Court for the District of Minnesota   
[UNPUBLISHED] [Per Curiam - Before Gruender, Benton, and Stras, Circuit Judges] Prisoner case - Prisoner civil rights. Dismissal affirmed without comment.