36 results for 'judge:"Benton"'.
J. Benton finds a lower court properly dismissed a structural engineering firm's request for research tax credit. The structural engineer argued that it was entitled to an incentive to invest for the creation of structural design and construction documents for various building plans. However, the Internal Revenue Commissioner sufficiently showed in court that the structural engineer is not entitled to R & D credits for non- qualified research expenses that lack technological aspects. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: May 6, 2024, Case #: 23-1523, Categories: Construction, Tax, Technology
J. Benton finds a lower court properly denied a defendant's motion for a new trial. The defendant, who was charged on one count of attempted enticement of a minor, argued that he is entitled to relief for prosecutorial misconduct. However, the government sufficiently showed in court that the prosecutor's jury instructions did not violate his credibility for untrue facts. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: April 4, 2024, Case #: 23-2203, Categories: Evidence, Fair Trial, Child Victims
J. Benton finds a lower court properly dismissed three Fannie Mae and Freddie Mac shareholders' claims that the Federal Housing Finance Agency and the Department of Treasury wrongfully eliminated a removal restriction under the Housing and Economic Recovery Act. The shareholders argued that the Treasury's liquidation preference diminishes their interest in the two finance systems companies. However, the treasury sufficiently showed in court that the shareholders failed to plead any harm. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: March 28, 2024, Case #: 23-1051, Categories: Government, Housing, Banking / Lending
J. Benton finds a lower court properly dismissed an affiliated group of Native American tribes' challenge of a grant of drilling applications on behalf of a exploration company. The three tribes argued that the approvals violate the Administrative Procedure Act, and that the drilling project is a detriment to its source of drinking water. However, the exploration company sufficiently showed in court that the project was aligned with statutory and regulatory guidelines. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: March 5, 2024, Case #: 22-2459, Categories: Construction, Government, Native Americans
J. Benton finds a lower court properly dismissed two India nationals motion to obtain permanent status in the U.S. The two nonimmigrant workers, who attained temporary authorization to work, argued that they are entitled to a temporary restraining order against the immigration service for prompt adjudication of their applications. However, the government sufficiently showed that the court lacks subject matter jurisdiction. Vacated.
Court: 8th Circuit, Judge: Benton, Filed On: March 5, 2024, Case #: 22-3066, Categories: Employment, Immigration, Jurisdiction
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J. Benton finds a lower court properly dismissed a driver's contract claims against an insurance company. The driver argued that she was entitled to collect $500,000 from her parents policy after she was involved in a car accident. However, the insurance company sufficiently showed in court that the financial responsibility rule for bodily injury was set as $25,000 based on her status as an "insured person" and not a "named insured." Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: February 29, 2024, Case #: 23-1497, Categories: Insurance, Contract
J. Benton finds a lower court properly dismissed a citizen of Mexico's motion to reopen his bid to remain in the U.S. The citizen of Mexico argued that he is entitled to relief. However, the Department of Homeland Security sufficiently showed in court that he failed to appear in court. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: February 27, 2024, Case #: 22-3653, Categories: Immigration
J. Benton finds a lower court properly dismissed a city's claims for insurance coverage against an insurer. The city argued that it suffered loss of tax revenues during the Covid-19 mandated closures. However, the insurance company sufficiently showed in court that it provided coverage for direct physical business losses, and not the side effects of the pandemic. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: February 12, 2024, Case #: 23-1701, Categories: Insurance, Covid-19
J. Benton finds a lower court properly dismissed a city's claims for insurance coverage against an insurer. The city argued that it suffered loss of tax revenues during the Covid-19 mandated closures. However, the insurance company sufficiently showed in court that it provided coverage for direct physical business losses, and not the side effects of the pandemic. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: February 12, 2024, Case #: 23-1701, Categories: Insurance, Covid-19, Contract
J. Benton finds a lower court properly ruled in favor of a life insurance company on a fiancé's motion for declaratory judgment. The fiancé argued that she was entitled to benefits following the death of her future husband, based on her claims that she was the sole beneficiary of his life insurance policy. However, the insurance company sufficiently showed in court that it did not owe her benefits given that the policy was not in full force at the time of his death. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: February 8, 2024, Case #: 23-2596, Categories: Insurance, Contract
J. Benton finds a lower court properly sentenced a defendant to 270 months in prison and five years probation for possession with intent to sell 50 grams or more of meth. The defendant argued that the lower court erred in allowing a supplemental instruction for jury questions. However, the government sufficiently showed in court that the instruction did not prejudiced the defendant, who claimed it was "phrased negatively." Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: February 7, 2024, Case #: 23-2149, Categories: Drug Offender, Probation, Jury Instructions
J. Benton finds a lower court properly sentenced a defendant to 123 months in prison and three years probation for distributing cocaine. The defendant, who signed a plea agreement, argued that his sentence is unreasonable. However, the government presented sufficient evidence in court that it varied upward based on his criminal history and a previous arrest for possessing cocaine alongside a loaded firearm. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: February 6, 2024, Case #: 23-1514, Categories: Drug Offender, Firearms, Sentencing
[Consolidated.] J. Benton finds a lower court properly granted a Liberian citizen's motion to appeal a lower court's dismissal of his request to remain in the U.S. The government argued that the citizen of Liberia is not entitled to relief based on his drug use, aggravated robbery, and shoplifting. However, he presented sufficient evidence in court that his actions stemmed from his mental health and that he consistently takes his medication for psychiatric issues, which includes hearing voices, which may have stemmed from being sexually abused by a man when he was a child in a shelter. Reversed.
Court: 8th Circuit, Judge: Benton, Filed On: February 1, 2024, Case #: 22-3262, Categories: Immigration
J. Benton finds a lower court properly granted a civilian nominal damages and declaratory relief after the president of the St. Louis Board of Alderman blocked her on Twitter. The board president argued that he was entitled to block the civilian from his social media after she criticized him for shutting down a medium security jailhouse. However, the civilian presented sufficient evidence in court that the closing of the building ignited a political debate, and that the blocking of her account violated her First and Fourteenth Amendment rights. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: January 30, 2024, Case #: 23-1042, Categories: Civil Rights, Constitution, Damages
J. Benton finds a lower court properly denied a defendant's petition for review to remain in the U.S. The defendant, an indigenous Guatemalan citizen, argued that he is obligated to stay in the country to help his father with medical debt after he was unable to repay a third party, who threatened him. However, the government sufficiently showed that the defendant paid his father's debt and that he would not face persecution on return to his native land. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: January 30, 2024, Case #: 22-3372, Categories: Immigration
[Consolidated.] J. Benton finds a lower court properly dismissed a citizen of Guatemala and his daughter's motion to remain in the U.S. The father argued that they will face torture upon their return based on jealousy at the hands of a third party who burned his house down. However, he failed to present evidence in court that his claims are based on anything more than speculation. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: December 27, 2023, Case #: 20-2397, Categories: Evidence, Immigration
[Consolidated]. J. Benton finds a lower court properly sentenced two defendants for conspiracy to distribute 50 grams or more of meth. The co- conspirator defendants argued that their enhanced sentences are unreasonable. However, the government sufficiently showed in court that the first defendant acted as an organizer engaging in criminal activity by transporting 10 pounds of meth, and that the second female defendant sold the drugs to an undercover informant. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: December 27, 2023, Case #: 22-3333, Categories: Drug Offender, Sentencing, Conspiracy
J. Benton finds a lower court properly sentenced a defendant to 290 months in prison for possession with intent to distribute meth and conspiracy to posses with intent to distribute meth. The defendant drug courier argued that an undercover DEA special agent engaged in entrapment by setting up a controlled buy. However, the government sufficiently showed in court that the special agent had not persuaded him into selling the drugs. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: December 27, 2023, Case #: 23-1156, Categories: Drug Offender, Sentencing, Conspiracy
J. Benton finds a lower court properly revoked a defendant's probation for domestic violence and endangering a child. The defendant argued that his 24- month prison sentence in unreasonable. However, the government sufficiently showed in court that the defendant's actions of assaulting a domestic partner in front of the young child creates a detriment to her safety and emotional stability. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: December 12, 2023, Case #: 23-1406, Categories: Probation, Domestic Violence, Child Victims
J. Benton finds a lower court properly sentenced a defendant who pleaded guilty to possession of firearms by a prohibited person. The defendant, who attempted to "choke out" his girlfriend while holding his infant daughter, argued that a protective sweep of the residence conducted by police was invalid. However, under the Fourth Amendment, police officers may be entitled to conduct a quick "protective sweep" based on reasonable suspicion, and presented sufficient evidence in court that the defendant surrendered to authorities at the bottom of a staircase that leads to the basement. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: December 8, 2023, Case #: 23-1298, Categories: Constitution, Firearms, Search
J. Benton finds a lower court improperly ruled in favor of a labor relations board on unfair labor practices brought by a group of a small business maintenance company employees. The labor relations board argued that it properly terminated 17 maintenance employees after discovering a screwdriver left inside of a jet engine. However, the board's decision may have been based on suspicion. Vacated.
Court: 8th Circuit, Judge: Benton, Filed On: December 6, 2023, Case #: 22-2958, Categories: Employment, Employment Discrimination, Labor / Unions
J. Benton finds a lower court properly dismissed a former employee's human rights violations against her former employer. The former employee, who suffers from a heart condition, argued that she was not obligated to disclose the date she would return to work after taking medical leave. However, her former employer sufficiently showed in court that she was let go for failing to communicate her return after taking nine months off of work. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: December 5, 2023, Case #: 22-2922, Categories: Civil Rights, Employment
J. Benton finds a lower court properly denied a defendant's motion for mistrial. The defendant, who demanded another woman to "get the fuck out of the truck," after catching her with her husband, which resulted in a beating with a metal bar, argued that her actions did not constitute assault with a dangerous weapon, and that she is entitled to relief after her friend and witness wrongfully stated in court that she was on probation. However, the defendant is not entitled to a mistrial based on the judges instructions that she was not on probation at the time of the assault. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: December 4, 2023, Case #: 23-1192, Categories: Probation, Assault, Weapons
J. Benton finds a lower court properly dismissed a former bank employee's sex discrimination and defamation claims against her former employer. The former bank employee argued that her termination violated the State's Human Rights Act. However, the bank provided sufficient evidence in court that she sexually harassed a co-worker inside of a bar, where she grabbed her breasts and attempted to stick her tongue down her throat. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: August 1, 2023, Case #: 22-2827, Categories: Employment, Defamation, Assault
J. Benton finds a lower court properly ruled in favor of a mother and her son on civil rights claims against a police officer. The officer argued that he was entitled to qualified immunity when he directed his canine to "bite and hold" him while investigating a burglary at a convenience store. However, the mother presented sufficient evidence in court that the police officer used excessive force when he directed the police dog to go after her son without warning. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: July 24, 2023, Case #: 22-3234, Categories: Civil Rights, Immunity
J. Benton finds that the district court properly sentenced defendant for second-degree murder after she shot and killed her husband. Second-degree murder is a crime of violence, and defendant exhibited malice afterthought after she caught her husband cheating. Affirmed.
Court: 8th Circuit, Judge: Benton , Filed On: July 14, 2023, Case #: 22-2471, Categories: Intent, Murder, Sentencing
J. Benton finds a lower court properly convicted a defendant for discharging a firearm during a crime of violence. The defendant, who pleaded guilty to second-degree murder in Native American country, argued that her conviction is unlawful. However, the government sufficiently showed in court that she shot and killed her husband after discovering that he was cheating on her, and that the murder was willful and intentional. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: July 6, 2023, Case #: 22-2471, Categories: Evidence, Murder, Sentencing
J. Benton finds a lower court properly denied a citizen of Burkina Faso's motion for asylum to remain in the U.S. The citizen of Burkina Faso argued that he would be tortured upon return to his native land based on his political connection to the Congress for Democracy and Progress. However, he failed to file his application within the one- year deadline. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: June 16, 2023, Case #: 21-3847, Categories: Government, Immigration
[Consolidated]. J. Benton finds a lower court properly sentenced a defendant to 262 months in prison after he was convicted as a career criminal in possession of a firearm. The defendant argued that the government failed to present sufficient evidence in court. However, police officers obtained a valid warrant to search his home, where they found baggies containing meth and heroin, cutting tools, and a digital scale. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: June 13, 2023, Case #: 22-2385, Categories: Drug Offender, Evidence, Sentencing
J. Benton finds a lower court improperly entered a default judgment on a defendant who was caught with $34,918 in his car, which was located by police officers during a traffic stop. The government argued that the defendant refused to answer special interrogatory questions concerning the defendant's claims that he and his friend pooled the money together in order to gamble in Las Vegas. However, the defendant presented sufficient evidence in court that he provided a "firmly established" answer as to where the money came from, and that it belonged to him. Reversed.
Court: 8th Circuit, Judge: Benton, Filed On: June 13, 2023, Case #: 22-3007, Categories: Evidence, Sanctions