360 results for 'court:"8th Circuit"'.
[Consolidated]. J. Stras finds a lower court improperly granted the Environmental Protection Agency's motion to place a ban on the use of chlorpyrifos on food crops. The protection agency argued that the use of chlorpyrifos as insecticides are harmful to humans. However, the EPA may have made a hasty decision under the pressure of the environmental groups and a narrow deadline, forcing it to act quickly to decide the "winners and losers." Reversed.
Court: 8th Circuit, Judge: Stras, Filed On: November 2, 2023, Case #: 22-1422, Categories: Agriculture, Environment, Agency
Per curiam, the Eighth Circuit finds a lower court improperly dismissed a group of inmates' Religious Land Use and Institutionalized Persons Act of 2000 violations. The Arkansas Department of Corrections argued that the inmates, who are Muslim, are not entitled to dress in kufis while practicing their religion exclusively, and not in close proximity to members of the Nation of Islam and Nation of Gods and Earth. However, the Muslim inmates presented sufficient evidence in court that their practice was "sincerely held." Reversed.
Court: 8th Circuit, Judge: Per curiam, Filed On: November 2, 2023, Case #: 22-1809, Categories: Civil Rights
J. Melloy finds a lower court properly convicted a defendant who initially pleaded guilty to possessing a firearm while illegally residing in the U.S. The defendant, who worked at a convenience store where he beat a customer to death with a pistol for allegedly stealing, argued that the lower court erred in applying a homicide guideline cross reference, instead of manslaughter, and that he was entitled to be tried before a jury. However, the government presented sufficient evidence in court that the defendant's sentence is proportional to his crime and that he was only entitled to a bench trial. Affirmed.
Court: 8th Circuit, Judge: Melloy, Filed On: November 1, 2023, Case #: 22-2844, Categories: Murder, Sentencing, Assault
Per curiam. The Eighth Circuit finds a lower court properly dismissed a defendant’s Speedy Trial Act claims. The defendant, who was convicted for two federal arms crimes and sentenced to 120 months in prison, alongside a prior consecutive 600-month sentence, argued that the government violated established time limits for prosecution. However, the government presented sufficient evidence in court that the delay was the result of the Covid-19 pandemic. Affirmed.
Court: 8th Circuit, Judge: Per curiam, Filed On: October 30, 2023, Case #: 22-2645, Categories: Firearms, Sentencing
[Consolidated]. J. Melloy finds a lower court properly denied an attorney's motion to disqualify an expert witness. The attorney argued that he had previously engaged with the expert witness to testify on his behalf concerning claims that he was the victim of a online cyber attack at the hands of two voice platform employees. However, the attorney and the expert witness did not forge an official engagement agreement. Affirmed.
Court: 8th Circuit, Judge: Melloy, Filed On: October 24, 2023, Case #: 23-1004, Categories: Experts, Contract
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Stras finds a lower court improperly denied three corrections officers' motion for qualified immunity. An estate administrator argued that corrections officers failed to attempt to resuscitate an inmate who had ingested fentanyl, which resulted in death by overdose. However, the corrections officers sufficiently showed in court that the lower court may have "tilted the scales too far" in the estate administrator's favor. Remanded.
Court: 8th Circuit, Judge: Stras, Filed On: October 19, 2023, Case #: 22-1843, Categories: Civil Rights, Immunity, Wrongful Death
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
[Consolidated]. J. Stras finds a lower court improperly estimated the amount of funds a defendant sank into three houses via fake deeds. The government argued that his 41 month sentence is reasonable based on his identity theft crimes and his participation in acquiring bogus notarized deeds along side his co-conspirator. However, the defendant sufficiently showed in court that the government erred in calculating his total offense, which would shaved off at least 20% of the length his sentence, and failed to apply the reasonable estimate of fair market value at the time he unloading properties to unknowing buyers. Reversed in part.
Court: 8th Circuit, Judge: Stras, Filed On: October 11, 2023, Case #: 22-1106, Categories: Fraud, Identity Theft, Property
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. Grasz finds a lower court improperly dismissed a journalist's unlawful seizure claims. A police officer argued that he was entitled to pepper spray the journalist in the face while tackling him to the ground. However, the journalist, who was covering a protest, presented sufficient evidence in court that he disclosed to the officer that he was a member of the press, which he backed up with press credentials. Reversed in part.
Court: 8th Circuit, Judge: Grasz, Filed On: October 11, 2023, Case #: 22-2600, Categories: Civil Rights, Constitution
J. Arnold finds a lower court properly sentenced a defendant, who pleaded guilty of assault by a habitual offender on a Native American reservation, to 24 months in prison after he violated probation. The defendant argued that the imposition was excessive. However, the government sufficiently showed in court that the defendant abruptly disappeared, tested positive for meth, and then dodged authorities who were investigating whether or not he stole a van. Affirmed.
Court: 8th Circuit, Judge: Arnold, Filed On: October 10, 2023, Case #: 23_1513, Categories: Drug Offender, Probation, Sentencing
[Consolidated]. J. Wollman finds a lower court properly convicted two defendants for conspiracy to distribute 400 grams of drug mixtures including fentanyl. The first defendant argued that the lower court abused discretion when it forced him to appear handcuffed and shackled in court. Defendant number two argued that his conviction was based on lack of evidence to support his drug offense. However, the government presented sufficient evidence in court that the first defendant was restrained for threatening prosecutors and staff during trial, and that the second defendant possessed a firearm and drugs, which was backed up by overwhelming evidence. Affirmed.
Court: 8th Circuit, Judge: Wollman, Filed On: October 6, 2023, Case #: 22-2869, Categories: Drug Offender, Evidence, Conspiracy
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. Arnold finds a lower court properly applied a two- level enhancement to a defendant's sentence after he pleaded guilty to possessing meth, drug paraphernalia, and a BB gun. The defendant argued that the BB gun is not a "dangerous weapon." However, the BB gun appeared to be a handgun. Affirmed.
Court: 8th Circuit, Judge: Arnold, Filed On: October 6, 2023, Case #: 22-3425, Categories: Sentencing, Weapons
J. Kobes finds a lower court improperly imposed certain parole remedies on the Missouri Department of Corrections for due process violations. The State argued that the department of corrections is not obligated to comply with a written notice rule alerting parolees of revocation. However, the parolees presented sufficient evidence in court that the authority is the revocation hearing, which decides whether or not a parolee violated parole, and that the State violated the process by failing to notify certain parolees in writing and allowing all parolees to retain their own attorneys, which should only be allowed in specific situations. Vacated.
Court: 8th Circuit, Judge: Kobes, Filed On: October 5, 2023, Case #: 20-3447, Categories: Civil Rights, Due Process
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. Kelly finds a lower court properly convicted a defendant on one count of aggravated sexual abuse of a child that was 12 or under, and one count of abusive sexual contact. The defendant argued that his concurrent 360 month and 120 month sentences are unreasonable, as well as the imposition of five years probation. However, the government presented sufficient evidence in court that his daughter disclosed the abuse to a school counselor, who testified that the child was "self- harming," "crying and shaking," and "came out with everything." Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: October 2, 2023, Case #: 22-1590, Categories: Evidence, Sentencing, Child Victims
J. Kelly finds a lower court properly ruled in favor of a university on a former student's sex discrimination claims after he was accused of sexual misconduct two times. The former student argued that the university violated due process. However, the university is protected by qualified immunity. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: September 14, 2023, Case #: 21-3340, Categories: Education, Immunity, Due Process
J. Kobes finds a lower court improperly dismissed a casino's request for insurance coverage during the Covid-19 pandemic. The insurance company argued that the casino failed to state a claim. However, the casino presented sufficient evidence in court that it may be entitled to relief because 25 of its employees are Illinois residents. Reversed.
Court: 8th Circuit, Judge: Kobes, Filed On: September 11, 2023, Case #: 21-3815, Categories: Employment, Jurisdiction, Covid-19
Per curiam. The Eighth Circuit finds a lower court properly dismissed a civilian's First Amendment retaliation claims against a police officer. The civilian argued that the police officer violated his civil rights by handcuffing him and arrested him for walking on the right side of the road. However, the police officer sufficiently presented evidence in court that the civilian, who is obligated to walk against traffic for his own safety, was placed in a jail cell for two hours after he refused to identify himself. Affirmed.
Court: 8th Circuit, Judge: Per curiam, Filed On: September 6, 2023, Case #: 22-1726, Categories: Civil Rights, Constitution
[Consolidated]. J. Erickson finds a lower court properly convicted a male Mexican national for conspiracy to commit money laundering and distributing meth, but may have erred in convicting a female Mexican national on the same charges. The government argued that the female Mexican national was in close proximity to meth while barricaded in a room, carried a knife in her purse, and attempted to flush drugs down a toilet, which resulted in a sentence of 180 months in prison. However, she presented sufficient evidence in court that she was inside the residence to cook, clean, and provide child care, and may be entitled to judgment of acquittal. Reversed in part.
Court: 8th Circuit, Judge: Erickson, Filed On: September 6, 2023, Case #: 22-2914, Categories: Drug Offender, Sentencing, Money Laundering
J. Graz finds a lower court properly sentenced a defendant to 45 years in prison after a jury convicted him for sex trafficking by force, fraud, or coercion, facilitating prostitution, and providing a person under 21 with MDMA. The defendant argued that his female victim was properly compensated for escorting services, and that she voluntarily engaged in sex work for money. However, the government presented sufficient evidence in court that the defendant threatened his victim over text messages, referring to her as "hoe," in order to set up encounters over social media, kept the money for himself, and even urinated in her mouth after he drugged her with "molly." Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: September 5, 2023, Case #: 22-1676, Categories: Drug Offender, Fraud, Prostitution
J. Grasz finds a lower court properly dismissed the Chief of Police's motion for qualified immunity concerning a car accident that resulted in the death of an estate administrator's son. The County argued that two police officers properly conducted a pit maneuver in order to thwart the mother's decedent from fleeing police in a high-speed chase. However, the estate administrator presented sufficient evidence in court that police officers failed to timely provide him with medical services for fatal injuries he suffered as the result of the crash. Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: September 1, 2023, Case #: 22-2749, Categories: Immunity, Wrongful Death
J. Shepherd finds a lower court properly imposed civil commitment on a defendant, who has been deemed a detriment to the public, for mental health issues. The defendant, who threatened a judge in court, argued that the imposition violates his due process rights. However, the government presented sufficient evidence in court that he is a detriment to the public based on his history of injury to other people and property damage. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: August 31, 2023, Case #: 22-2324, Categories: Evidence, Health Care
J. Melloy finds a lower court properly denied a native of Mexico's motion to remain in the U.S. The citizen of Mexico argued that his representation in court was sub- standard, and that his children suffered from mental and emotional health challenges. However, the government presented evidence in court that the children's challenges were not severe enough to cancel his removal. Affirmed.
Court: 8th Circuit, Judge: Melloy, Filed On: August 30, 2023, Case #: 21-3329, Categories: Civil Rights, Health Care, Immigration
J. Colloton finds a lower court properly dismissed a mineral company's claims against the State of North Dakota. The mineral company argued that the State engaged in unlawful taking of its mineral rights without compensation, in violation of the Fifth Amendment. However, the State presented sufficient evidence in court that it acquired ownership in 1889 without taking. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: August 30, 2023, Case #: 22-2159, Categories: Constitution, Government, Property
[Consolidated]. J. Kobes finds a lower court properly dismissed constitutional rights claims brought by the Satanic Temple concerning a City's denial of the erection of a public monument. The Satanic Temple argued that the City gave the green light to place two monuments in a Veterans Memorial Park. However, the City presented sufficient evidence in court that its second complaint was barred by res judicata. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: August 30, 2023, Case #: 21-3079, Categories: Civil Rights, Constitution, Government
J. Kobes finds a lower court properly ruled in favor of a religious group on a hospital's contract claims. The hospital argued that it was entitled to seek additional insurance coverage on behalf of a patient with outstanding medical bills. However, it was not entitled to relief from third party insurers after accepting payment from Medicaid. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: August 30, 2023, Case #: 22-3121, Categories: Health Care, Insurance, Contract
J. Gruender finds a lower court properly sentenced two defendants to life in prison after they were found guilty of conspiracy to commit witness tampering that resulted in death. The defendants, who are cousins and regularly sold meth, argued that their sentences are unreasonable and that they are entitled to acquittal. However, the government presented sufficient evidence in court that the defendants shot to death a confidential informant who agreed to testify against them while working with law enforcement. Affirmed.
Court: 8th Circuit, Judge: Gruender, Filed On: August 30, 2023, Case #: 22-2044, Categories: Murder, Sentencing, Witnesses