34 results for 'judge:"Loken"'.
J. Loken finds a lower court improperly denied a defendant's request for self representation after he was charged with being a felon in possession of a firearm. The government argued that the defendant was not entitled to demand self representation on the morning of his trial. However, the defendant sufficiently showed in court that he would not engage in "serious and obstructionist misconduct" during the proceedings. Reversed.
Court: 8th Circuit, Judge: Loken, Filed On: May 13, 2024, Case #: 23-1547, Categories: Fair Trial, Firearms, Self Representation
J. Loken finds a lower court partly granted two oil field project managers' motion for declaratory judgment concerning underpayment at the hands of a field services company. The oil field project managers argued that the field service company failed to properly compensate them. However, the field service company sufficiently showed in court that it overpaid them profits of upwards of $10,000. Reversed in part.
Court: 8th Circuit, Judge: Loken, Filed On: April 30, 2024, Case #: 22-3115, Categories: Employment, Contract
[Consolidated]. J. Loken finds a lower court properly removed a Nigerian citizen back to Nigeria for defrauding insurance companies by setting up bogus car crashes in order to collect insurance payouts. The citizen of Nigeria, who pleaded guilty to mail fraud, argued that he was entitled to remain in the U.S. based on a letter submitted to the court by an attorney, even though the letter was supposed to be written by an actual law firm. However, the government sufficiently showed in court that he is removable based on his breach of the plea agreement. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: April 10, 2024, Case #: 22-3235, Categories: Evidence, Fraud, Immigration
J. Loken finds a lower court properly dismissed a Honduras citizen's motion to remain in the U.S. The citizen of Honduras argued that he was entitled for relief under the Convention Against Torture for being forced to transport weapons and drugs under the direction of the MS-13 gang, and that he would face maltreatment for being homosexual. However, he failed to present evidence in court that he was mistreated by police, gang members, and government authorities based on his sexual orientation. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: March 4, 2024, Case #: 22-3565, Categories: Civil Rights, Immigration
J. Loken finds a lower court properly denied a citizen of India's motion for religious and political asylum. The citizen of India argued that he would face persecution in his native land at the hands of a ruling party. However, the government sufficiently showed in court that he consistently requested further continuances based on the Covid-19 pandemic shut down, and failed to present new evidence to support his claims. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: February 23, 2024, Case #: 23-2289, Categories: Civil Rights, Government, Covid-19
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J. Loken finds a lower court improperly granted a non- for- profit sober living company's request to establish residency for a group of recovering alcoholics and substance abusers in a single family home in a residential area in the City of Anoka, Minnesota. The non- for- profit argued that the City violated ADA and Fair Housing Act violations for denying a waiver for zoning purposes to set up housing for four recovering addicts who are not related to each other, and who are entitled to a therapeutic environment. However, the City presented sufficient evidence in court that the non- for- profit would not have the financial resources to maintain a sober environment in the long run, and that establishing the residence would violate its zoning rules. Reversed.
Court: 8th Circuit, Judge: Loken, Filed On: February 15, 2024, Case #: 22-3071, Categories: Ada / Rehabilitation Act, Zoning, Housing
J. Loken finds a lower court improperly ruled that a Menards employee is covered by a property and casualty insurance policy. Menards argued that a customer's insurance provider was obligated to cover damages after its employee dropped a large piece of lumber on top of her while assisting her in the parking lot. However, the insurance company sufficiently showed in court the policy's "Intrafamily Immunity" exclusion precludes coverage for bodily injury that the customer suffered. Reversed.
Court: 8th Circuit, Judge: Loken, Filed On: February 7, 2024, Case #: 23-1702, Categories: Insurance, Contract
J. Loken finds a lower court properly imposed restitution on a defendant who was convicted on charges of mail fraud, money laundering, and illegal money transactions. The defendant argued that the imposition of more than two million dollars in restitution and an increase of his monthly payments is unreasonable. However, the defendant, who posed as a international banker, swindled money out of 65 victims as part of an "advance fee" scam between 1984 and 1999. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: February 2, 2024, Case #: 22-3521, Categories: Restitution, Money Laundering
J. Loken finds a lower court properly dismissed a bank's Racketeer Influenced and Corrupt Organizations Act claims against a beneficiary of a trust, which houses hundreds of art works created by Thomas Hart Benton. The bank, which served as co- trustee, argued that the beneficiary engaged in "mail, wire, and bank fraud," and that it was entitled to leave to file a second amended claim. However, the beneficiary sufficiently showed in court that the bank failed to properly plead a RICO claim, and that it did not engage in fraud by directing its representation to gather trust records. Affirmed.
Court: 8th Circuit, Judge: Loken , Filed On: January 4, 2024, Case #: 22-3331, Categories: Fraud, Trusts, Racketeering
J. Loken finds a lower court properly dismissed a livestock feed company's contract claims against an international reseller, who provides livestock products to customers in China. The international reseller argued that it was not obligated to pay for products sold by the livestock feed company after the Chinese government banned the MIR 162 genetic trait. However, the court lacks personal jurisdiction over the allegations. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: December 19, 2023, Case #: 22-2800, Categories: Jurisdiction, Contract
J. Loken finds a lower court properly imposed a pretrial detention order on a defendant who started seven fires while intoxicated inside of a hotel stairwell during a work function. The defendant argued that she is not a flight risk or a danger to society. However, the government sufficiently showed in court that the defendant would most likely abscond, based on her history of violating court orders. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: December 7, 2023, Case #: 23-3147, Categories: Sentencing, Arson, Employment
J. Loken finds a lower court properly dismissed a class of consumers' Missouri Merchandising Practices Act claims. The class of consumers argued that The Gap and Old Navy engaged in deceptive advertising by tagging merchandise as discounted without previously selling a certain amount of clothing at regular prices. However, the retailers sufficiently showed in court that the class of consumers did not suffer an actual loss by missing the opportunity to have bought items for less money during an advertised sale. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: November 14, 2023, Case #: 22-3187, Categories: Consumer Law, Class Action
J. Loken finds a lower court properly sentenced a defendant to 100 months in prison after he pleaded guilty to being a felon in possession of a firearm. The defendant argued that the lower court erred in applying a four- level increase for using the firearm in a previous crime. However, the defendant has two prior offenses for controlled substances in Illinois, and one in Iowa for intimidating a person with a dangerous weapon. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: November 6, 2023, Case #: 22-3394, Categories: Drug Offender, Firearms, Sentencing
J. Loken finds a lower court properly sentenced a defendant to 72 months in prison and three years probation after he pleaded guilty to being a felon in possession of a firearm. The defendant argued that his sentence is unreasonable. However, the defendant has a prior conviction for second-degree robbery, which is a crime of violence. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: November 3, 2023, Case #: 22-3634, Categories: Firearms, Robbery, Sentencing
J. Loken finds a lower court properly sentenced a defendant to 230 months in prison for robbing a bank using a dangerous weapon, brandishing a pistol in relation to a crime of violence, discharging a pistol in a crime of violence, using a AR-15 rifle in a crime of violence, and possessing an AR-15 rifle as an unlawful drug user. The defendant argued that his conviction was based on lack of evidence. However, the defendant stole a pickup truck, attempted to flee from police, crashed the vehicle near a roadblock, and then waived his Miranda rights before disclosing statements he made to an FBI agent in an interview that was recorded. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: October 17, 2023, Case #: 22-3659, Categories: Firearms, Miranda, Robbery
J. Loken finds a lower court properly revoked a defendant's probation for possessing an Internet device to access child pornography while serving 240 months of supervised release. The defendant argued that his 24 month revocation sentence and 19 years probation is unreasonable. However, the government presented sufficient evidence in court that the defendant bought a smartphone almost immediately after he was released from custody and refused to show his phone to his probation officer, which contained an "extensive browsing history of child pornography." Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: October 11, 2023, Case #: 22-3666, Categories: Evidence, Sentencing, Child Pornography
J. Loken finds a lower court properly sentenced a defendant to 120 months in prison for being a felon in possession of two fully loaded firearms. The defendant argued that the lower court improperly applied a four- level enhancement to his sentence. However, the government sufficiently showed in court that he used his weapon in a separate felony crime. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: October 6, 2023, Case #: 22-3294, Categories: Firearms, Sentencing
J. Loken finds a lower court properly sentenced a defendant to 44 months in prison after a grand jury convicted him for forcible assault of a federal officer. The defendant argued that the lower court erred in applying a two- level increase for bodily injury to a police officer from the Bureau of Indian Affairs. However, the government presented sufficient evidence in court that the defendant had a tribal arrest warrant at the time of the incident. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: October 4, 2023, Case #: 22-2969, Categories: Sentencing, Assault
J. Loken finds a lower court properly imposed a revocation sentence and no contact order on a defendant who was convicted for domestic abuse of his fiancée. The defendant, who abuses alcohol, argued that the order is unreasonable because they own a restaurant together. However, the government presented sufficient evidence in court that an imposition of Condition 8, a ban on the defendant from communicating with his fiancée during supervised release, would likely protect her from future abuse. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: October 2, 2023, Case #: 22-3443, Categories: Probation, Domestic Violence
J. Loken finds a lower court properly dismissed a Sudanese national's motion to remain in the U.S. The national of Sudan argued that he would face torture in his native land upon his return, and that he suffers from PTSD after experiencing a "horrific childhood." However, he failed to present sufficient evidence in court that he would be killed by the Sudanese government for mental health challenges. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: August 25, 2023, Case #: 22-3621, Categories: Government, Immigration
J. Loken finds a lower court properly dismissed a male driver's negligence claims against a female driver, who was granted summary judgment. The male driver argued that the lower court erred in excluding his physician's expert disclosures. However, the female driver presented sufficient evidence in court that the male driver failed to submit a expert's report, and that the expert physician's opinion was not "formed during the course of treatment." Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: August 18, 2023, Case #: 22-3335, Categories: Evidence, Negligence, Experts
[Consolidated]. J. Loken finds a lower court properly imposed sex offender treatment program participation on a defendant who served 120 months in prison and five years probation for conspiracy to sell meth. The defendant argued that the special condition is unreasonable. However, the government presented sufficient evidence in court that the defendant's claims are moot based on a discharge of his seven- year sentence for falsifying his sex offender registration. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: August 11, 2023, Case #: 22-2610, Categories: Sentencing, Sex Offender
J. Loken finds a lower court properly convicted a defendant for making false statements in order to obtain naturalization in the U.S. The defendant argued that the lower court erred in deciding that her false statements were "material." However, the government presented sufficient evidence in court that she presented false testimony and that she is not a person of good moral character. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: August 11, 2023, Case #: 22-2617, Categories: Fraud, Immigration
J. Loken finds a lower court properly dismissed two consumers' motion for compensatory damages against Walmart for infliction of emotional distress. The consumers argued that Walmart was obligated to sell them off- label use medications to relieve symptoms of Covid-19. However, Walmart presented sufficient evidence in court that denying their request did not constitute "extreme and outrageous conduct." Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: August 7, 2023, Case #: 22-2960, Categories: Emotional Distress, Covid-19
J. Loken finds a lower court properly dismissed two parents' disability discrimination claims on behalf of a child against a school district. The parents argued that the school district was responsible for seizures the child experienced after failing to prevent her from suffering head injuries six times. However, the school district presented sufficient evidence in court that it provided the child with adequate educational services and timely addressed her parents' concerns. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: July 27, 2023, Case #: 22-2669, Categories: Ada / Rehabilitation Act, Education, Negligence
J. Loken finds that the district court properly revoked supervised release imposed upon defendant's guilty plea to firearms violations based on his involvement in a domestic violence incident. The court properly focused on defendant's lengthy criminal history and the fact that he committed the instant offense while on a second term of supervised release. Affirmed.
Court: 8th Circuit, Judge: Loken , Filed On: July 20, 2023, Case #: 22-2688, Categories: Firearms, Probation
J. Loken finds that the district court properly ruled for a company accused of terminating revenue payments owed to an oil company for leasehold mineral rights in violation of a previous agreement. The 1962 warranty deed unambiguously overconveyed mineral interest in the disputed lands to the decedent, and the court thoroughly examined the record to determine that no basis existed for reforming the deed. Affirmed.
Court: 8th Circuit, Judge: Loken , Filed On: July 17, 2023, Case #: 22-2053, Categories: Property
J. Loken finds a lower court properly dismissed a communications company's claims that a telephone company intentionally set out to deprive it of Internet broadband services. The communications company argued that the telephone company engaged in fraud and unfair competition by refusing to provide broadband services in certain geographical areas. However, the telephone company presented sufficient evidence in court that it did not intentionally misrepresent its broadband capabilities. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: July 6, 2023, Case #: 22-2129, Categories: Fraud, Unfair Competition
J. Loken finds a lower court properly sentenced a defendant to 540 months in prison after he pleaded guilty to carjacking that resulted in a female passenger's death, discharging a firearm in furtherance of a crime of violence resulting in death, and two counts of tampering with witnesses. The defendant, who shot and killed the female passenger, argued that the lower court erred in imposing a mandatory consecutive sentence for her murder. However, the government presented sufficient evidence in court that his crime was a cold- blooded murder, in which he attempted to conceal, and that his alleged lack of childhood role models bears no weight, based on his devoid of "value of human life." Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: June 26, 2023, Case #: 22-2158, Categories: Firearms, Murder, Witnesses
J. Loken finds a lower court properly sentenced a defendant to 120 months in prison for conspiracy to distribute 500 grams or more of cocaine. The defendant argued that the lower court erred in enhancing his sentence. However, the government sufficiently showed in court that the defendant has a prior conviction for a drug felony. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: June 16, 2023, Case #: 22-1447, Categories: Drug Offender, Sentencing, Conspiracy