United States v Ridens

Ridens appealed his sentence arguing one of his prior convictions was not a violent felony. The panel affirmed. It held that under the modified categorical approach, the Kansas burglary conviction qualified because the charging document limited the charge to burglary of a dwelling which is per se a violent felony under eth statute. It also held that the Supreme Court has approved the use of judge found facts to increase minimum sentences when the facts relate solely to past convictions as here.

In re Renewable Energy Development Corporation (Loveridge v Hall)

The first trustee in this case was sued in an adversarial proceeding alleging conflict of interest when he sued a client on behalf of the renewable estate. The district court ruled that the bankruptcy court would decide the case. The panel reversed and remanded. It held that when a state law claim like the one at issue here is involved, under Supreme Court precedent, the bankruptcy court lacks Article III power to adjudicate the claim. Thus, the district court must ultimately decide the case. However, district courts area allowed to delegate to the bankruptcy court the responsibility to hear evidence and issue a report and recommendation for the district court’s de novo review. The case was remanded to the district court to either try the claim or send it to the bankruptcy court for a report and recommendation proceeding.