29 results for 'judge:"Shepherd"'.
J. Shepherd finds a lower court properly sentenced a defendant to 420 months in prison and three years probation for conspiracy to sell fentanyl and distribution of fentanyl that resulted in the death of a man in a casino. The defendant argued that the lower court erred in admitting text messages between himself and a co-conspirator named "Glenn." However, the government sufficiently showed in court that the defendant's text messages to his co-conspirator concerning drug sales of fentanyl were not erroneously admitted during his trial. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: March 1, 2024, Case #: 23-2211, Categories: Drug Offender, Evidence
J. Shepherd finds a lower court properly dismissed an animal carcass processor's civil rights claims against a city. The agricultural business argued that the city wrongfully designated it as a nonconforming business, in violation of its First Amendment and Equal Protection rights. However, the city sufficiently showed in court that the business has continuously violated its foul odor ordinance, despite spending significant money on odor-abatement technology. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: March 1, 2024, Case #: 23-1579, Categories: Agriculture, Civil Rights, Property
[Consolidated]. J. Shepherd finds that this appeal in this bankruptcy dispute must be dismissed. The trust seeks to to dismiss a creditor's claims that certain dragnet clauses in mortgages are enforceable. The creditor argued that the clauses are valid. However, the court lacks jurisdiction because the bankruptcy court still has much to decide in this case.
Court: 8th Circuit, Judge: Shepherd, Filed On: March 1, 2024, Case #: 22-3201, Categories: Bankruptcy, Civil Procedure, Banking / Lending
J. Shepherd finds a lower court properly dismissed a hand sanitizer company's motion for a new trial concerning contract claims against a wholesaler. The hand sanitizer company argued that it was entitled to a new trial after a jury awarded the wholesaler upwards of a million dollars in damages. However, the wholesaler sufficiently showed in court that the hand sanitizer company consistently fluctuated its prices and delayed shipping times, which resulted in a loss of customers. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: February 28, 2024, Case #: 22-3570, Categories: Jury, Damages, Contract
J. Shepherd finds a lower court properly sentenced a defendant to 92 months in prison following a conviction for possession with intent to distribute a controlled substance. The defendant argued that he is entitled to suppress evidence located by authorities in a traffic stop. However, the government sufficiently showed in court that a patrol officer discovered meth, cocaine, and drug paraphernalia inside the defendant's vehicle with the help of a drug sniffing canine, and had reasonable suspicion to pull him over for running a stop sign and speeding. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: February 26, 2024, Case #: 23-2121, Categories: Drug Offender, Evidence, Sentencing
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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. 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. 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. 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
[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. 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. Shepherd finds a lower court properly resentenced a defendant to 240 months in prison for playing a role in a drug ring that sold cocaine. The defendant argued that he is entitled to another sentence reduction. However, the government sufficiently showed in court that he faced a life sentence, which was reduced under the First Step Act.
Court: 8th Circuit, Judge: Shepherd, Filed On: December 7, 2023, Case #: 22-3040, Categories: Drug Offender
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. Shepherd finds a lower court properly dismissed a flight instructor's unreasonable suspension claims against her employer. The flight instructor argued that her employer wrongfully suspended her pilot's certificate after she failed to submit log books and records of her training. However, the administrator of the Federal Aviation Administration sufficiently showed in court that the court lacks jurisdiction based on her lack of Article III standing. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: August 4, 2023, Case #: 22-3138, Categories: Employment, Evidence
[Consolidated]. J. Shepherd finds a lower court properly dismissed a bar owner's motion for coverage against an insurance company. The bar owner argued that the insurance company wrongfully denied his claims for damages after a bystander suffered injuries from a stray bullet in a bar room brawl. However, the bar owner's insurance policy does not cover assault and battery claims. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: August 1, 2023, Case #: 22-2496, Categories: Insurance, Damages, Contract
J. Shepherd finds a lower court improperly dismissed a defendant's motion to suppress evidence concerning his arrest for for possession of 50 grams of meth. The government argued that police officers properly confiscated 1,500 grams of meth hidden in the defendant's vest. However, the police officers forced the defendant to remove a blanket he was wearing before conducting a mandatory pat down, in violation of his Fourth Amendment Rights against unreasonable searches. Reversed.
Court: 8th Circuit, Judge: Shepherd, Filed On: July 31, 2023, Case #: 22-2670, Categories: Drug Offender, Evidence
J. Shepherd finds that the district court properly denied defendant acquittal in charges that he sexually propositioned a police officer who had gone undercover as a 15-year-old girl. Evidence indicates defendant responded to an ad and expressed his desire to have sexual relations with the purported teenager. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: July 20, 2023, Case #: 22-3044, Categories: Sex Offender
J. Shepherd finds that the district court properly sentenced defendant for possession, distribution, and conspiracy involving methamphetamine after being arrested following a meeting with an undercover officer. The sentence was within the guidelines, and the court's refusal to sustain some of defendant's objections was harmless given the wide latitude afforded the court. Affirmed.
Court: 8th Circuit, Judge: Shepherd , Filed On: July 19, 2023, Case #: 22-2932, Categories: Drug Offender, Sentencing
J. Shepherd finds that the district court properly declined to suppress 28 grams of methamphetamine found in defendant's vehicle because the police officer had a reasonable motive to conduct an inventory search upon stopping defendant based on an active felony drug warrant. Affirmed.
Court: 8th Circuit, Judge: Shepherd , Filed On: July 18, 2023, Case #: 22-2965, Categories: Drug Offender, Search
J. Shepherd finds a lower court properly denied a native of Mexico's petition for review to remain in the U.S. The defendant argued that he is entitled to relief based on the violence he would face at the hands of an organized crime ring for his former membership in a Mexican paramilitary group. However, the defendant unlawfully entered the U.S. and obtained a false driver's license, and then failed to show up in court for removability proceedings. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: July 13, 2023, Case #: 22-1334, Categories: Fraud, Immigration
J. Shepherd finds a lower court properly granted summary judgment to an insurance company on a church's request for coverage. The church argued that the insurance company was obligated to cover costs to repair its building following massive storm. However, the insurance company sufficiently showed in court that the church was not entitled to coverage based on a failure to comply with a cooperation clause listed in its policy. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: July 13, 2023, Case #: 22-1109, Categories: Insurance, Property, Contract
J. Shepherd finds a lower court properly dismissed a class of sex offenders' claims that the Minnesota Civil Commitment and Treatment Act is unconstitutional. The class of sex offenders argued that the lower court failed to apply the "shocks the conscience" rule for conditions of confinement. However, the class failed to present sufficient evidence in court that they suffered a constitutional violation by living in double occupancy rooms. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: July 13, 2023, Case #: 22-1459, Categories: Civil Rights, Housing, Class Action
J. Shepherd finds a lower court improperly denied a citizen of South Sudan's petition for review concerning the government's removal proceedings. The government argued that the South Sudan citizen is removable. However, he presented sufficient evidence in court that he is not removable for shoplifting convictions based on lack of specific intent. Vacated.
Court: 8th Circuit, Judge: Shepherd, Filed On: July 13, 2023, Case #: 22-2508, Categories: Immigration, Theft
J. Shepherd finds a lower court properly convicted a defendant for possession of meth and firearms. The defendant argued that the lower court erred in refusing his motion to suppress evidence seized by a narcotics task force for inaccuracies in a search warrant. However, the government presented sufficient evidence in court that the inconsistencies did not undermine probable cause. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: July 13, 2023, Case #: 22-2780, Categories: Drug Offender, Evidence, Firearms
J. Shepherd finds a lower court properly ruled in favor of Wells Fargo on an estate administrator's conversion claims. The estate administrator argued that Wells Fargo failed to prevent a stepson from funneling money from the estate's bank account by forging checks. However, the estate administrator failed to present the claims within the statute of limitations. Affirmed in part.
Court: 8th Circuit, Judge: Shepherd, Filed On: June 28, 2023, Case #: 22-2107, Categories: Conversion, Banking / Lending
J. Shepherd finds a lower court properly denied a native of Honduras' motion to remain in the U.S. The Honduras native argued that she and her children are entitled to remain in the U.S. based on the danger she and her family would face at the hands of the MS-13 gang, which is responsible for the death of her partner. However, the government sufficiently showed in court that MS-13 gang members have never contacted her in person. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: June 27, 2023, Case #: 22-1738, Categories: Civil Rights, Immigration
J. Shepherd finds a lower court properly imposed concurrent sentences of 240 months and 420 months on a defendant who was indicted on charges of conspiracy to distribute heroin and two counts of distribution of fentanyl, which resulted in the death of two civilians. The defendant argued that there was insufficient evidence presented at trial to justify his sentences. However, the government presented sufficient evidence in court that a forensic specialist located the cell phone of one of the defendant's deceased victims, turned it over to authorities who downloaded and uploaded deleted text messages, which revealed that the defendant sold them both the deadly drugs. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: June 27, 2023, Case #: 22-2733, Categories: Drug Offender, Evidence, Sentencing
J. Shepherd finds a lower court properly ruled in favor of three grown children of a deceased father on claims that their stepmother, the executor of his estate, wrongfully retitled his estate in it entirety, and then assumed the assets. The stepmother argued that the lower court erred in establishing a constructive trust and a division of assets based on her claims that no will existed. However, his grown children presented sufficient evidence in court that their father breached a property settlement agreement by failing to leave them one half of his estate. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: June 23, 2023, Case #: 22-1674, Categories: Family Law, Property, Settlements
J. Shepherd finds a lower court properly dismissed a beneficiary's contract claims against an insurance company. The beneficiary argued that the insurance company is obligated to pay death benefits. However, the insurance company presented sufficient evidence in court that the policy was cancelled for non- payment of premiums before her husband, now deceased, suffered a deadly heart attack. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: June 12, 2023, Case #: 22-1114, Categories: Insurance, Contract