360 results for 'court:"8th Circuit"'.
J. Gruender finds a lower court properly dismissed a freight service's challenge to a post- trial order concerning contract claims brought by a components manufacturer. The freight service argued that it properly charged the components manufacturer a fee for delivery services. However, the components manufacturer sufficiently showed in court that the freight service's base rate was a "much higher 'rounder' rate." Affirmed.
Court: 8th Circuit, Judge: Gruender, Filed On: January 25, 2024, Case #: 23-1379, Categories: Fraud, Damages, Contract
J. Kelly finds a lower court properly imposed restitution on a defendant who pleaded guilty to distributing child pornography. The defendant, who was sentenced to 151 month in prison and 20 years probation, argued that he was not obligated to pay restitution to 21 of his minor victims, who he sexually exploited, based on the government's alleged untimeliness. However, the government presented sufficient evidence in court that his plea agreement contained a condition of "new losses," which allows it to award belated restitution. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: January 25, 2024, Case #: 23-1627, Categories: Restitution, Child Victims, Child Pornography
J. Colloton finds a lower court properly denied a Honduras citizen's motion to remain in the U.S. The citizen of Honduras argued that he is entitled to a "special rule" that affords him to remain in the U.S. for being a former child who had been abused by a permanent resident parent. However, the government sufficiently showed in court that his criminal history, which includes making threats of violence, justifies removal. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: January 23, 2024, Case #: 20-1724, Categories: Civil Rights, Immigration
J. Kelly finds a lower court properly sentenced a defendant to 20 years in prison after he pleaded guilty to two counts of production and attempted production of child pornography, and one count of enticement of a minor. The defendant, who sexually abused and groomed two minors to produce child pornography, argued that the length of his sentence is above the statutory minimum of 15 years. However, the government sufficiently showed in court that he could have faced a lifetime in prison. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: January 22, 2024, Case #: 23-1602, Categories: Sentencing, Child Victims, Child Pornography
J. Grasz finds a lower court properly imposed restitution payments on a defendant who is serving a life sentence for two counts of first-degree murder. The defendant argued that the imposed monthly payments should not be deducted from his stimulus benefits. However, the government presented sufficient evidence in court that the funds are not exempt. Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: January 18, 2024, Case #: 21-2533, Categories: Murder, Restitution
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J. Grasz finds a lower court properly sentenced a defendant to 204 months after he was convicted for various firearms crimes, which included unlawfully possessing a firearm as a drug user and dealing firearms without a federal license. The defendant argued that the evidence in court was insufficient, and that he never intended to rob an informant. However, the government sufficiently showed in court that his "guilt is clear" based on evidence in video recordings that showed he was aware that the guns were stolen. Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: January 18, 2024, Case #: 22-3214, Categories: Firearms, Sentencing
J. Kobes finds a lower court properly granted a Corporal's motion for summary judgment concerning a civilian's Fourth Amendment claims. The civilian argued that the off- duty police officer failed to prevent his K9 from biting her, which resulted in injuries and a trip to the hospital. However, the police officer sufficiently showed in court that the K9 spontaneously responded to someone's laughter, and that he immediately restrained the animal, which does not constitute excessive force. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: January 17, 2024, Case #: 22-3051, Categories: Constitution, Negligence
J. Gruender finds a lower court properly sentenced a defendant to 84 months in prison after he pleaded guilty to arson for setting a fire in an apartment building hallway. The government argued that the defendant is a career offender based on prior crimes of violence. However, the defendant presented evidence in court that his prior conviction of domestic abuse was not a crime of violence. Affirmed.
Court: 8th Circuit, Judge: Gruender, Filed On: January 16, 2024, Case #: 23-1048, Categories: Sentencing, Domestic Violence, Arson
J. Stras finds a lower court partly improperly dismissed the Missouri Attorney General's Missouri's Foreign Sovereign Immunities Act claims against the People's Republic of China. The Chinese government argued that it is not responsible for the global spread of Covid-19. However, the attorney general presented sufficient evidence in court that the country "hoarded personal-protective equipment while the rest of the world was in the dark about the disease." Reversed in part.
Court: 8th Circuit, Judge: Stras, Filed On: January 11, 2024, Case #: 22-2495, Categories: Government, Negligence, Covid-19
J. Colloton finds a lower court properly dismissed a defendant's motion to vacate his sentence. The defendant argued that his 10 year prison sentence is unreasonable. However, the defendant engaged in a crime of violence when he shot and killed a civilian during an argument. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: January 10, 2024, Case #: 22-3452, Categories: Firearms, Sentencing, Manslaughter
J. Grasz finds a lower court properly sentenced a defendant to 420 months in prison for robbery after he stole travelers checks that were worth $30,000. The defendant argued that his conviction no longer qualified as an Armed Career Criminal Act offense and that the court was obligated to recalculate the length of his sentence. However, the government sufficiently showed in court that the defendant's certificate of appealability barred him from challenging the court's decision. Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: January 5, 2024, Case #: 21-2218, Categories: Firearms, Robbery, Sentencing
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. Grasz finds a lower court properly sentenced a defendant to 144 months in prison for one count of receiving child pornography. The defendant argued that the lower court erred in applying a two- level enhancement to his sentence for knowingly distributing child pornography. However, the government sufficiently showed in court that the defendant participated in distributing child pornography on a peer-to-peer file sharing platform from his IP address, and that he used five separate devices to store 168,000 child pornography files. Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: January 3, 2024, Case #: 23-1741, Categories: Evidence, Child Pornography
J. Grasz finds a lower court properly dismissed a native of Ghana's motion to remain in the U.S. The native of Ghana argued that he is entitled to relief based on his conditional permanent resident status. However, the government sufficiently showed in court that he failed to reside with his wife for the required three years to obtain citizenship. Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: December 28, 2023, Case #: 22-2615, Categories: Immigration
J. Smith finds a lower court properly dismissed a class of patients' medical privacy claims against a health system. The class of patients argued that the health system provided their personal information on Google and Facebook, in order to obtain incentive payments and targeted ads. However, the health system presented sufficient evidence that the information uploaded in its portal was "depersonalized" metadata, and that the online patient portal is not a "basic governmental task," which triggers a remand to State court. Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: December 28, 2023, Case #: 23-1107, Categories: Health Care, Privacy, Class Action
[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. Shepherd finds a lower court properly sentenced a defendant to 84 months in prison and three years probation for being a felon in possession of a firearm. The defendant, who absconded from a residential reentry facility while serving a 60 month sentence for possession of a firearm to further a drug- trafficking offense, argued that his sentence is unreasonable based on a four-level sentencing enhancement. However, the government presented sufficient evidence in court that he committed escape felony while armed with a loaded handgun and a fanny pack of ammunition. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: December 27, 2023, Case #: 23-1816, Categories: Firearms, Sentencing, Escape
J. Wollman finds a lower court properly convicted two defendants for conspiracy to interfere with commerce by robbery. The defendants, who were sentenced to 240 and 120 months in prison, argued that evidence presented in court was insufficient. However, the government sufficiently showed in court that police officers located ski masks and a pair of black gloves in the front seat of a vehicle that they fled from on foot, and then obtained a warrant to search a third party's rental home, where they located currency and firearms. Affirmed.
Court: 8th Circuit, Judge: Wollman, Filed On: December 27, 2023, Case #: 22-2653, Categories: Evidence, Robbery, Sentencing
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. Kobes finds a lower court improperly denied a group of county jail officials' motion for qualified immunity concerning a detainee's claims of excessive force. The detainee, who had violated probation, argued that jail house Sergeants failed to protect him from cruel and unusual punishment after they shot chemical spray in his face when he spat at them after flooding his cell. However, jailhouse officials presented sufficient evidence in court that he was repeatedly warned to stop his constant misbehavior, which was captured on video footage, and that the chemical spray was used in short bursts. Reversed in part.
Court: 8th Circuit, Judge: Kobes, Filed On: December 26, 2023, Case #: 22-1603, Categories: Evidence, Immunity
J. Grasz finds a lower court properly dismissed a construction company's contract claims against an insurer. The construction company argued that the insurer is obligated to cover damages after one of its drivers crashed a company truck. However, the insurance company sufficiently showed in court that the construction company did not actually hire the driver as an insured employee. Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: December 26, 2023, Case #: 23-1043, Categories: Employment, Insurance, Contract
J. Grasz finds a lower court improperly dismissed a former director's retaliation claims against her employer. The employer argued that the former director was properly rated as "not on track" and was offered a demotion and a performance improvement plan. However, the former director presented sufficient evidence in court that her employer abruptly rescinded on the PIP offer within 48 hours. Reversed in part.
Court: 8th Circuit, Judge: Grasz, Filed On: December 26, 2023, Case #: 22-2452, Categories: Civil Rights, Employment, Employment Retaliation
J. Colloton finds a lower court properly dismissed a brewery's motion for summary judgment concerning Fair Labor Standard Act claims brought by a former employee. The brewery argued that it resolved the former employee's overtime claims in a private settlement. However, the court lacks jurisdiction based on mootness. Vacated.
Court: 8th Circuit, Judge: Colloton, Filed On: December 22, 2023, Case #: 22-3518, Categories: Employment, Jurisdiction, Labor
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
[Consolidated.] J. Shepherd finds a lower court properly sentenced two defendants to 226 and 187 months in prison for conspiracy to distribute and possession with intent to distribute cocaine and heroin, and conspiracy to commit money laundering. The defendants argued that they are entitled to relief for violations of the Speedy Trial Act. However, the government sufficiently showed in court that the defendants are not entitled to relief under the Act based on the complexity of the charges against both men. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: December 19, 2023, Case #: 22-2415, Categories: Drug Offender, Speedy Trial, Money Laundering
J. Erickson finds a lower court improperly denied a defendant's motion to suppress evidence concerning charges of being a prohibited person in possession of a firearm. The government argued that the lower court properly applied the Leon good faith exception when calculating his 37 month prison sentence, and that he was not entitled to relief based on multiple burglaries of vacant buildings and locked construction containers, which he broke in using specific burglary tools. However, the defendant presented sufficient evidence in court that a warrant obtained by authorities failed to establish probable cause to search his home, and that it may have been based on "suspicion" of burglary and theft. Vacated.
Court: 8th Circuit, Judge: Erickson , Filed On: December 14, 2023, Case #: 22-3352, Categories: Burglary, Evidence, Theft
J. Grasz finds a lower court properly convicted a defendant for distribution of fentanyl resulting in death and two counts of unlawfully possession a firearm as a felon. The defendant argued that the lower court erred in allowing testimony in court brought by the girlfriend of a deceased customer, who died from overdose, and failed to present evidence that he carried a firearm. However, the government sufficiently showed in court that text messages between the defendant and a buyer showed that he sold him fentanyl-laced heroin, which resulted in his death, and that he carried a weapon while trafficking drugs. Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: December 14, 2023, Case #: 22-3499, Categories: Drug Offender, Evidence, Weapons
J. Shepherd finds a lower court properly denied a defendant's motion to suppress evidence located by authorities during a traffic stop. The defendant, who disclosed that he was travelling to Las Vegas, argued that the State troopers did not have reasonable suspicion to search his vehicle. However, the government presented sufficient evidence in court that the defendant, who has "extremely rotting teeth," was profusely sweating and exhibiting nervous behavior, possessed a firearm, ammunition, and meth, which was discovered during a drug dog alert. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: December 14, 2023, Case #: 23-1012, Categories: Drug Offender, Evidence, Search
J. Kelly finds a lower court properly sentenced a defendant to 264 months in prison and six years probation for possession with intent to distribute a controlled substance. The defendant argued that he is entitled to relief based on "trial-related errors," claiming that the government wrongfully introduced statements he made in a custodial interrogation. However, the government sufficiently showed in court that he provided his cell phone number and its contents to authorities before he received a Miranda warning. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: December 13, 2023, Case #: 22-2343, Categories: Drug Offender