360 results for 'court:"8th Circuit"'.
J. Colloton finds a lower court properly dismissed a defendant's motion for a mistrial. The defendant, who is under indictment on on felony murder and arson in Native American land, argued that he was entitled to relief based on double jeopardy. However, the government sufficiently showed in court that he consented to a mistrial in the original proceedings. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: February 23, 2024, Case #: 23-2431, Categories: Murder, Double Jeopardy, Arson
J. Kelly finds a lower court properly sentenced a defendant to 96 months in prison and three years probation. The defendant argued that the lower court erred in applying an attempted murder cross reference to his sentence to decide the level of his crime. However, the government presented sufficient evidence in court that the defendant shot a female associate in the leg after getting kicked out of a bar, intending to cause her death. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: February 22, 2024, Case #: 23-1260, Categories: Firearms, Probation, Sentencing
J. Smith finds a lower court properly denied a defendant's motion to suppress evidence in court. The defendant, who was charged for being a prohibited person in possession of a firearm, argued that authorities searched his vehicle without probable cause. However, the government sufficiently showed in court that a police officer peered through the window of the defendant's vehicle, which smelled of marijuana, and saw the grip of a firearm protruding from the center console. Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: February 16, 2024, Case #: 23-1676, Categories: Evidence, Firearms, Search
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. Smith finds a lower court properly denied an applicant's claim for disability insurance benefits. The applicant argued that he is entitled to relief based on his deep vein thrombosis in his hip and lumber spine issues. However, the social security administration presented sufficient evidence in court that he could take a role as a document preparer and surveillance system monitor, based on a physicians report that he has "full range of neck motion." Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: February 13, 2024, Case #: 22-3126, Categories: Employment, Insurance
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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. Arnold finds a lower court properly dismissed a former employee's race discrimination claims. The former employee, an attendance ambassador," argued that the school terminated his role because he is Black. However, the public school district presented sufficient evidence in court that he engaged in attendance fraud.
Court: 8th Circuit, Judge: Arnold, Filed On: February 12, 2024, Case #: 23-2182, Categories: Employment, Fraud, Employment Discrimination
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
[Consolidated.] J. Smith finds a lower court improperly imposed attorney fees against a trustee. An international jet company argued that a jet group was obligated to pay its attorney's fees after breaching a loan agreement for the purchase of an aircraft. However, the trustee sufficiently showed in court that he was not a party to the term loan agreement. Vacated in part.
Court: 8th Circuit, Judge: Smith, Filed On: February 9, 2024, Case #: 21-1795, Categories: Attorney Fees, Contract
J. Smith finds a lower court properly denied qualified immunity to a group of public officials concerning murder charges against a civilian who was later proven innocent. The public officials argued that they did not intentionally include false statements in a affidavit before arresting the civilian. However, the civilian presented sufficient evidence in court that the officials, who may have fabricated evidence, failed to interview a known sex offender who lived in close proximity to where the murder occurred.
Court: 8th Circuit, Judge: Smith, Filed On: February 9, 2024, Case #: 22-2860, Categories: Civil Rights, Evidence, Immunity
J. Shepherd finds a lower court improperly sentenced a defendant to 188 months in prison and five years probation for conspiring to distribute meth. The government argued that the defendant was not entitled to early termination of his supervised release. However, a probation office sufficiently showed in court that the defendant had completed three years and nine months of probation, and was deemed as a low risk re- offender. Reversed.
Court: 8th Circuit, Judge: Shepherd, Filed On: February 8, 2024, Case #: 23-2176, Categories: Drug Offender, Probation
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
Per curiam. The Eighth Circuit finds a lower court properly convicted a defendant for conspiracy to distribute meth. The defendant argued that he was entitled to an acquittal for lack of sufficient evidence. However, the government sufficiently showed at trial that his co- defendants testified that he knowingly sold meth, which was backed up by text messages sent to his co- conspirators about "fronting pound-sized quantities" of the drug. Affirmed.
Court: 8th Circuit, Judge: Per curiam, Filed On: February 8, 2024, Case #: 23-1243, Categories: Drug Offender, Evidence
J. Stras finds a lower court properly convicted a defendant for witness tampering and for possessing a firearm as a felon. The defendant, who pistol-whipped his girlfriend and harassed her, argued that he is not a felon and that the lower court erred in denying his motion for acquittal. However, the government sufficiently showed in court that he was a felon in possession of a firearm and made several calls from jail to his girlfriend, warning her to lie during testimony. Affirmed.
Court: 8th Circuit, Judge: Stras, Filed On: February 8, 2024, Case #: 23-1179, Categories: Evidence, Firearms, Witnesses
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. 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. 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
J. Kobes finds a lower court properly sentenced a defendant to 180 months in prison for engaging in a conspiracy to traffic thousands of oxycodone and fentanyl pills, travelling from Michigan to North Dakota. The defendant argued that his three level sentence enhancement is unreasonable. However, the government presented sufficient evidence in court that he acted as a manager in the drug trafficking ring when he directed a new recruit to distribute opioid tablets and other pills. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: February 6, 2024, Case #: 23-1522, Categories: Drug Offender, Evidence, Sentencing
J. Harder finds a bankruptcy trustee improperly denied a mother's motion for unpaid child support against her ex-husband. The Chapter 7 trustee argued that the mother failed to present a valid claim for a lien in post-petition relief to obtain $80,000 in unpaid support. However, the mother sufficiently showed in court that her claim for child support arose before the order of relief, but before the case was converted under section 1307. Reversed.
Court: 8th Circuit, Judge: Hastings, Filed On: February 5, 2024, Case #: 23-6006, Categories: Bankruptcy, Damages
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
[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
Per curiam. The Eighth Circuit finds a lower court properly charged a defendant for conspiracy to distribute and possession with intent to distribute meth, cocaine, fentanyl, heroin, and marijuana, as well as engaging in money laundering. The defendant argued that the lower court erred in calculating the amount of drug quantities he possessed and distributed, and that his representation wrongfully allowed him to plead guilty to his crimes without a plea agreement. However, the government sufficiently showed in court that the defendant waived objections to the amount of drugs he possessed, minus marijuana, and that his ineffective counsel claim were not exceptional. Affirmed.
Court: 8th Circuit, Judge: Per curiam, Filed On: February 1, 2024, Case #: 22-2417, Categories: Drug Offender, Sentencing, Money Laundering
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. Shepherd finds a lower court improperly denied a correctional director's motion for qualified immunity concerning excessive force claims brought by a detainee. The detainee argued that the correctional director failed to prevent a correctional officer from tightening his hand cuffs in a hog tie manner, which resulted in injuries and bleeding. However, the correctional director sufficiently showed in court that she is protected by qualified immunity. Reversed.
Court: 8th Circuit, Judge: Shepherd, Filed On: January 30, 2024, Case #: 22-3297, Categories: Civil Rights, Immunity
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
J. Shepherd finds a lower court improperly sentenced a defendant to 110 months in prison and three years probation for being a felon in possession of a firearm. The government argued that his sentence was reasonable. However, the defendant sufficiently showed in court that he may be entitled to a lighter sentence over procedural errors. Vacated.
Court: 8th Circuit, Judge: Shepherd, Filed On: January 30, 2024, Case #: 22-3564, Categories: Firearms, Probation, Sentencing
J. Wollman finds a lower court properly denied a defendant's motion for a Franks hearing. The defendant, who pleaded guilty to one count of conspiracy to distribute meth and one count of possession of a firearm, argued that she is entitled to relief based on a unlawful search of her home, and that a Deputy used a confidential informant who may have been a drug user with a criminal history. However, the government presented sufficient evidence in court that the Deputy was not aware that the informant had previously taken her checkbook and credit cards to make purchases without permission. Affirmed.
Court: 8th Circuit, Judge: Wollman, Filed On: January 29, 2024, Case #: 23-1338, Categories: Drug Offender, Search, Conspiracy
J. Colloton finds a lower court properly sentenced a defendant to 280 months in prison for possession of a firearm and meth, which police discovered in a boot under the seat of his vehicle. The defendant argued that the lower court erred in admitting testimony concerning his arrest and a conviction in 2016. However, the government sufficiently showed in court that the evidence presented was relevant and that the defendant knowingly used a firearm to traffic drugs. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: January 29, 2024, Case #: 22-3424, Categories: Drug Offender, Evidence, Firearms
J. Grasz finds a lower court properly dismissed a department of corrections hobby craft specialist's race and sex discrimination claims. The former employee argued that the department of corrections terminated her role because she is Black and female. However, the department of corrections sufficiently showed in court that she was let go for unsatisfactory performance, theft of property, and mishandling funds for personal use. Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: January 26, 2024, Case #: 23-1413, Categories: Civil Rights, Employment, Employment Discrimination
J. Colloton finds a lower court properly convicted a defendant for conspiracy to distribute meth. The defendant argued that his 300-month sentence is unreasonable. However, the government presented sufficient evidence in court that the defendant played a major role in a meth trafficking conspiracy alongside his co-conspirator, who testified in court that he accompanied her on out-of-town drug runs, trafficking at least 120 kilograms. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: January 26, 2024, Case #: 23-1542, Categories: Drug Offender, Evidence, Sentencing