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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   [UNPUBLISHED] [Per Curiam - Before Smith, Chief Judge, and Wollman and 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.