Oumar Sow, a member of the Fulani ethnic group who claims to be a citizen of Mauritania, petitions for review of a final order of the Board of Immigration Appeals ("BIA") affirming the decision of the Immigration Judge ("IJ") denying his applications for asylum, withholding of removal, and protection under the Convention Against Torture ("CAT"). We deny the petition for review... ... ... I... Oumar Sow is a Fulani who claims to have fled Mauritania during a period of...  

Jamila Phillips appeals the district court's1 grant of summary judgment for Defendants-Appellees on her interference and retaliation claims brought under the Family and Medical Leave Act (FMLA). We affirm... I... Phillips began employment for the State of Arkansas on October 14, 2004. On Monday, April 17, 2006, Phillips transferred to the Department of Arkansas Heritage (DAH). Her main job responsibilities included answering the telephone and greeting visitors as they entered DAH headquarters....  

Stephen James Engleman brought this 42 U.S.C. § 1983 claim against "Deputy Murray"1 of the Benton County Sheriff's Office, alleging that the Arkansas deputy... ... ... violated Engleman's Fourth Amendment rights by arresting him in Oklahoma on an Arkansas warrant. The district court denied Deputy Murray's motion for summary judgment based on qualified immunity, and Deputy Murray brought an interlocutory appeal. For the reasons discussed below, we reverse... I. BACKGROUND... On...  

On February 13, 2007, a federal grand jury indicted Modesto Guzman-Tlaseca, and co-defendants Francisco Lee Sifuentes, Roberto Sanchez Garciduenos, and Erika Janette Placensia on a charge of conspiring to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a), 841(b)(1)(A), and 846. The district court1 denied Guzman-Tlaseca's pretrial motion to suppress evidence. A jury convicted Guzman-Tlaseca,... ... ... and the district court sentenced him to 264 months of imprisonment....  

The World Agricultural Forum (WAF) planned a conference in St. Louis in late May 2003. The St. Louis Police Department learned that prior WAF conferences in Boston, Washington, and other cities had attracted violent protests instigated by small anarchist groups that infiltrated peaceful protesters, and that Internet sites were... ... ... exhorting out-of-town activists to travel to St. Louis to participate in a counter-conference called "Biodevastation 7." The Federal Bureau of...  

This diversity action raises an insurance coverage issue of first impression: whether class actions filed against nationwide tax preparer H&R Block ("Block") asserting a variety of statutory and common law claims arising out of Block's Refund Anticipation Loan ("RAL") program are excluded from "prior acts" coverage under professional liability "claims made" insurance policies because other class actions... ... ... asserting similar claims were filed prior to the...  

Ascension Diaz challenges the sentence imposed by the district court1 after he pleaded guilty to knowingly possessing more than fifty grams of methamphetamine with intent to distribute. We affirm... I... On May 4, 2007, Arkansas parole officers, Immigration and Customs Enforcement agents, and officers of the Rogers, Arkansas Police Department... ... ... conducted a parole search of Diaz's home based on information he was involved in drug trafficking. The officers found methamphetamine, scales,...  

Majed S. Nassar conditionally pled guilty to possession of marijuana with the intent to distribute, in violation of 21 U.S.C. § 841(a)(1). Nassar appeals the district court's1 denial of his motion to suppress evidence seized from his car. Having jurisdiction under 28 U.S.C. § 1291, this court affirms... ... ... I... Nassar was stopped by a Missouri State Highway Patrol sergeant for failing to signal as he exited Interstate 44. The sergeant asked Nassar to come back to the patrol car...  

Donald Leonard Keys appeals the district court's1 order denying his 28 U.S.C. § 2255 motion to vacate, set aside or correct his conviction. We affirm... ... ... I... On June 17, 2004, a jury convicted Keys of producing and possessing child pornography in violation of 18 U.S.C. §§ 2251 and 2252, respectively. The jury also returned a special verdict finding Keys's residence, automobile, camera, computer, and digital images subject to forfeiture under 18 U.S.C. § 2253.2 Prior...  

Richard Roeben filed suit against his former employer, BG Excelsior Limited Partnership d/b/a The Peabody Little Rock ("Peabody"), for age discrimination under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-34. The district court1 granted the Peabody's motion for summary judgment, and Roeben appeals. Because the evidence does not support an inference that the Peabody terminated Roeben as a result of his age, we affirm... I... In March 2002, the Peabody Hotel...  

Bruce Mouser appeals from the district court's order denying remand and affirming the Commissioner's denial of disability insurance benefits and supplemental security income benefits. We affirm... I... Mouser is a forty-four-year-old man who completed high school by taking special education classes. Prior to filing for disability, Mouser worked as a gin worker... ... ... and fork-lift operator for twenty-five years. Both positions are considered semi-skilled. Mouser currently lives with his...  

The Internal Revenue Service ("Creditor") appeals the bankruptcy court's1 order denying relief from the automatic stay of 11 U.S.C. § 362 to offset a post-petition tax refund and a post-petition stimulus payment owed to Debtor Mark Anthony Ealy, Sr. ("Debtor") against a post-petition tax liability of the Debtor to the Creditor. We must dismiss the appeal as moot... BACKGROUND... The Debtor filed a petition for relief under Chapter 13 of the Bankruptcy Code on January 6,...  

Robert Bolden murdered security guard Nathan Ley outside a St. Louis bank during an attempted robbery. After a month-long trial, a federal jury convicted Bolden of killing Ley with a firearm during an attempted bank robbery, conspiracy to commit bank robbery, and being a felon-in-possession of a firearm. The jury sentenced him to death for the bank robbery-murder and firearm offenses. See 18... ... ... U.S.C. §§ 2113(e), 924(j)(1). Bolden appeals, arguing the district court1 committed...  

Charles F. Gill incurred a "knee drop" to his head while pinned to the ground by University of Minnesota police officers outside a Minneapolis bar, causing several facial fractures and other injuries. Gill brought a 42 U.S.C. § 1983 action against Officer Geoff Maciejewski alleging the use of excessive force. A jury returned a verdict in favor of Gill and awarded damages. The district court1 denied... ... ... Maciejewski's motion for judgment as a matter of law (JAML), holding Gill...  

In this interlocutory appeal, Nebraska Attorney General Jon Bruning seeks reversal of the district court's decision denying him absolute and qualified immunity in the lawsuit brought under 42 U.S.C. § 1983 by Gregory M. Kloch, M.D., which claimed that provisions of Nebraska's Uniform Licensing Law violated the due process clause of the Fifth and Fourteenth Amendments to the United States Constitution. We reverse... I... Dr. Kloch is a physician licensed by the state of Nebraska who...  

MSK EyEs, LTD (MSK) and its founder, Muhannah S. Kakish (Kakish), appeal from an order of the district court granting summary judgment to Wells Fargo Bank (Wells Fargo). MSK and Kakish (Appellants) brought an action against Wells Fargo on a myriad of claims arising from their banking relationship, including: breach of contract, credit defamation, business disparagement, defamation, interference with prospective business advantage and economic expectancy, violation of the Minnesota... ... ......  

Noel Malonga petitions for review of the decision of the Board of Immigration Appeals ("BIA") denying his claims for asylum, withholding of removal, and relief under the Convention Against Torture ("CAT"). Having jurisdiction under 8 U.S.C. § 1252(a), we deny Malonga's petition as it relates to his asylum and CAT claims, but grant the petition on his withholding of removal claim. We vacate the BIA's decision refusing to withhold removal and remand for new findings... ......  

Heritage Constructors, Inc., sued the city (and officials) of Greenwood, Arkansas, for retaliation under the First and Fourteenth Amendments pursuant to 42 U.S.C. § 1983. Heritage alleged the city denied it a contract in 2005, because it exercised the right to petition by initiating arbitration on an earlier contract with the... ... ... city. The district court1 granted summary judgment to the city. Having jurisdiction under 28 U.S.C. § 1291, this court affirms... I... In 1999 and...  

Shirley Phelps-Roper brought suit in the Western District of Missouri, challenging the validity of sections 578.501 and 578.502 of the Missouri revised statutes under the freedom of speech protection of the First Amendment of the U.S... ... ... Constitution.1 Phelps-Roper requested a preliminary injunction to prevent enforcement of section 578.501 until the statute could be reviewed; the district court denied her motion, holding she did not demonstrate she was likely to succeed on the merits,...  

Gabriel E. Pando pled guilty, without a plea agreement, to conspiracy to distribute and possess with intent to distribute 500 grams or more of a substance containing methamphetamine, see 18 U.S.C. § 2; 21 U.S.C. § 846, and to a forfeiture of $2,721 used to facilitate the conspiracy, see 21 U.S.C. § 853. The district court1 sentenced Pando to 151 months of imprisonment, followed by five years of supervised release. On appeal, Pando makes the single claim that he should not have...