2016 Eighth Circuit US Court of Appeals Case Law
Opinions 1 - 500 of 1241
Date: December 30, 2016
Docket Number: 15-3829
Justia Opinion Summary: Defendant was convicted of possessing a firearm after a domestic-abuse conviction, and sentenced to 77 months in prison, followed by three years of supervised release. The court concluded that defendant's prior…
Date: December 29, 2016
Docket Number: 15-3364
Justia Opinion Summary: Defendant was convicted of conspiracy to distribute less than 50 grams of methamphetamine mixture, 50 grams or more of actual (pure) methamphetamine, and 5 kilograms or more of cocaine. Defendant was also convicted of…
Date: December 29, 2016
Docket Number: 15-3958
Justia Opinion Summary: Defendant was convicted of possession with the intent to distribute marijuana and one count of possession of a firearm in furtherance of a drug trafficking crime. The court concluded that the district court's failure to…
Date: December 28, 2016
Docket Number: 15-3378
Justia Opinion Summary: After defendant purchased an automobile insurance policy from Nationwide, he wrecked his car and Nationwide rescinded the policy. Nationwide then sought declaratory judgment that it had no duty to indemnify or defend…
Date: December 28, 2016
Docket Number: 15-3468
Justia Opinion Summary: Appellants, retirement and investments funds, challenge the district court's grant of summary judgment to Medtronic on their securities fraud class action. Appellants alleged a number of securities laws violations…
Date: December 28, 2016
Docket Number: 15-3671
Justia Opinion Summary: Defendant was convicted of sexually abusing a young child in and around New Town, North Dakota. On appeal, defendant argues that he should not have been tried and convicted in federal court because New Town is not…
Date: December 28, 2016
Docket Number: 16-1248
Justia Opinion Summary: Defendant pled guilty to one count of possession with intent to distribute a controlled substance and was sentenced to 188 months in prison. The court concluded that the traffic stop was not pretextual where the deputy's…
Date: December 28, 2016
Docket Number: 16-1322
Justia Opinion Summary: Defendant was convicted of intent to distribute methamphetamine and was sentenced to 110 months in prison. The court affirmed the denial of defendant's motion for judgment of acquittal where a reasonable jury could find…
Date: December 28, 2016
Docket Number: 16-1549
Justia Opinion Summary: Defendant was convicted of conspiracy to distribute methamphetamine and use of a communication facility to further a controlled substance conspiracy. The court affirmed the district court's denial of defendant's motion…
Date: December 28, 2016
Docket Number: 16-1616
Justia Opinion Summary: Defendant was found guilty of transporting a minor in interstate commerce with intent to engage in criminal sexual activity and sentenced to 420 months in prison, followed by a lifetime of supervised release. The court…
Date: December 23, 2016
Docket Number: 15-3237
Justia Opinion Summary: Defendant entered a conditional plea of guilty to a drug trafficking charge, and then appealed the denial of his motion to suppress evidence seized during and after a search of his vehicle. The court concluded that…
Date: December 23, 2016
Docket Number: 16-1280
Justia Opinion Summary: Plaintiff filed suit, alleging claims under 42 U.S.C. 1981 and state law negligence, against Harbor Freight after a Harbor Freight manager accused plaintiff of stealing from the store earlier in the day. The district…
Date: December 22, 2016
Docket Number: 15-3889
Justia Opinion Summary: Defendant appealed his convictions for distribution of methamphetamine, conspiracy to distribute methamphetamine, distribution of cocaine, and possession of a firearm by a drug user. Defendant argues that changing the…
Date: December 22, 2016
Docket Number: 16-1052
Justia Opinion Summary: Plaintiff filed suit against Medtronic for disability discrimination and retaliation under the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq., and the Minnesota Human Rights Act (MHRA), Minn. Stat. 363A…
Date: December 21, 2016
Docket Number: 15-2583
Justia Opinion Summary: Plaintiff filed suit against two correctional officers, Smith and Merriett, under 42 U.S.C. 1983. Plaintiff alleged that the officers used excessive force when they administered pepper spray to gain plaintiff's…
Date: December 21, 2016
Docket Number: 15-3828
Justia Opinion Summary: Defendant appealed his conviction for robbery after he and three others stole approximately $150 in cash and several cartons of cigarettes from a convenience store gasoline station. The court concluded that the evidence…
Date: December 19, 2016
Docket Numbers: 16-1186, 16-1187
Justia Opinion Summary: The City filed suit against Union Pacific in state court, seeking an order requiring Union Pacific to restore a public at-grade rail crossing or, alternatively, allowing the City to condemn Union Pacific’s land across…
Date: December 14, 2016
Docket Number: 16-1956
Justia Opinion Summary: In 2009, Hobbs and her husband pled guilty to aggravated identity theft and conspiring to commit bank fraud. Hobbs was sentenced to 56 months’ imprisonment and five years’ supervised release. Her husband was sentenced to…
Date: December 13, 2016
Docket Number: 16-1265
Justia Opinion Summary: Muratella was charged with conspiracy to distribute methamphetamine, 21 U.S.C. 841(a)(1). The prosecution proposed a plea agreement without mentioning a 21 U.S.C. 851 information. The following morning, the prosecution…
Date: December 9, 2016
Docket Number: 15-2239
Justia Opinion Summary: Defendant was convicted of conspiracy to distribute a controlled substance; possession of a firearm during a drug trafficking crime; being a felon in possession of a firearm; being a fugitive in possession of a firearm;…
Date: December 9, 2016
Docket Number: 15-3279
Justia Opinion Summary: After Carleton J. Wallace was fatally shot by a police officer, Wallace's estate filed suit under 42 U.S.C. 1983 against defendants, alleging excessive force in violation of the Fourth Amendment. The district court…
Date: December 9, 2016
Docket Number: 15-3400
Justia Opinion Summary: Plaintiffs filed suit against the City, alleging that the City violated their rights under the Columbia City Charter, the Missouri Constitution, and the First and Fourteenth Amendments to the U.S. Constitution by…
Date: December 8, 2016
Docket Number: 16-1223
Justia Opinion Summary: At issue in this case is a lease for a Gap store in Grand Forks, North Dakota. Gap argues that the lease does not require it to pay for heating, ventilation, and air conditioning (HVAC) expenses and a share of mall…
Date: December 8, 2016
Docket Number: 16-1357
Justia Opinion Summary: Defendant was sentenced to a year and a half in prison for escaping from a halfway house where he was serving federal time. On appeal, defendant argues for the first time that the district court did not have authority to…
Date: December 8, 2016
Docket Number: 16-1398
Justia Opinion Summary: Defendant pled guilty to being a felon in possession of a firearm and was sentenced to 30 months in prison, followed by three years of supervised release. The district court subsequently revoked his supervised release,…
Date: December 8, 2016
Docket Number: 16-1689
Justia Opinion Summary: Plaintiff, who is of Turkish and Kurdish descent, filed suit under 42 U.S.C. 1983, alleging that Officers Mathews and Collins arrested him on account of his ethnicity, in violation of the Fourteenth Amendment’s Equal…
Date: December 5, 2016
Docket Number: 16-1101
Justia Opinion Summary: Great Lakes filed suit against ESML for breach of contract. ESML later filed a motion to dismiss based on lack of subject matter jurisdiction, but the district court denied the motion. The case proceeded to trial and…
Date: December 2, 2016
Docket Number: 15-3647
Justia Opinion Summary: Defendant was convicted of second degree murder and sentenced to 324 months in prison. Defendant and Shalonda Clark lived together on the White Earth Indian Reservation. Clark died after their house burned down while…
Date: December 2, 2016
Docket Number: 16-1268
Justia Opinion Summary: Torres are the parents of M. and G. who were born and resided in Peru until Torres removed them to the United States. Custodio seeks return of the children to Peru under the Hague Convention on Civil Aspects of…
Date: December 1, 2016
Docket Number: 16-1525
Justia Opinion Summary: After defendant plead guilty to one count of production of child pornography and one count of attempted production, he appealed the denial of his motion to suppress and his sentence. Defendant argues that the information…
Date: November 30, 2016
Docket Number: 16-1028
Justia Opinion Summary: Defendant appealed his sentence after pleading guilty to being a felon in possession of firearms. The court concluded that, although the district court erred in concluding that defendant's second-degree robbery…
Date: November 23, 2016
Docket Number: 15-2120
Justia Opinion Summary: Century appeals the district court's final judgment determining that Hipner does have coverage under an umbrella policy entered between the parties. Because Wyoming law had not definitively addressed whether an insurer…
Date: November 23, 2016
Docket Number: 15-3563
Justia Opinion Summary: Defendant pleaded guilty to one count of mail fraud arising from a scheme in which he overpaid for commodities to the benefit of certain customers while managing a grain elevator for Bunge. The district court ordered…
Date: November 22, 2016
Docket Number: 15-3651
Justia Opinion Summary: Defendant was convicted of being a felon in possession of a firearm and sentenced to 120 months in prison. The court concluded that the district court did not err by denying defendant's motion to suppress the firearm…
Date: November 22, 2016
Docket Number: 16-1142
Justia Opinion Summary: Defendant pled guilty to one count of possession of a firearm and ammunition by an unlawful drug user in violation of 18 U.S.C. 922(g)(3) and 924(a)(2). On appeal, defendant challenged the denial of his motion to dismiss…
Date: November 21, 2016
Docket Number: 15-3438
Justia Opinion Summary: Plaintiffs filed suit under 42 U.S.C. 1983 against Vermillion Police Department (VPD) officers, alleging violations of their First and Fourth Amendment rights. Given the totality of the circumstances, the relatively low…
Date: November 18, 2016
Docket Number: 15-3211
Justia Opinion Summary: Defendant appealed her sentence and conviction for two counts of producing child pornography. The court rejected defendant's argument that the district court erred by denying her motion to suppress 47 photographs of her…
Date: November 17, 2016
Docket Number: 16-1304
Justia Opinion Summary: Defendant pled guilty to being a felon in possession of a firearm and the district court sentenced him to 180 months in prison pursuant to the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e). On appeal, defendant…
Date: November 17, 2016
Docket Number: 16-6018
Justia Opinion Summary: Debtor appealed from the bankruptcy court's order denying his motion to reinstate his dismissed Chapter 13 bankruptcy case and an order denying his motion to reconsider that order. The panel concluded that the bankruptcy…
Date: November 16, 2016
Docket Number: 16-1400
Justia Opinion Summary: Plaintiffs contend that their insurance policy from Amica covered damage caused by a fire to their house and personal property. On appeal, plaintiffs challenge the district court's grant of summary judgment for Amica.…
Date: November 15, 2016
Docket Number: 16-6020
Justia Opinion Summary: Debtor appealed the bankruptcy court's order denying his third motion to reconsider the order dismissing his chapter 7 case. The Bankruptcy Appellate Panel (BAP) concluded that, although debtor argues in his brief that…
Date: November 14, 2016
Docket Number: 15-2427
Justia Opinion Summary: Plaintiff filed suit against the City, alleging violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., the Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. 621-634, and 42 U.S.C.…
Date: November 14, 2016
Docket Numbers: 15-3318, 15-3319, 15-3320, 15-3321
Justia Opinion Summary: After Little Salt failed to pay its taxes, the Commissioner issued notices of transferee liability to the former shareholders. The tax court concluded that the former shareholders are liable for a portion of Little…
Date: November 14, 2016
Docket Number: 15-3406
Justia Opinion Summary: After Willie Robinson, Sr. died, his son and estate administrator filed suit against Pine Hills Health and Rehabilitation nursing home. Willie had entered into an arbitration agreement when he was admitted to Pine Hills…
Date: November 14, 2016
Docket Number: 16-1526
Justia Opinion Summary: Debtor filed for Chapter 7 bankruptcy and claimed a $15,000 exemption in a homestead he owned as a tenant in the entirety with his wife. The bankruptcy court granted debtor's motion to avoid CRP's judicial lien and the…
Date: November 10, 2016
Docket Number: 15-3717
Justia Opinion Summary: Defendant was sentenced to 80 months in prison after pleading guilty to conspiracy to possess fifteen or more counterfeit access devices and conspiracy to commit mail fraud, possession of fifteen or more counterfeit…
Date: November 8, 2016
Docket Number: 15-3705
Justia Opinion Summary: Defendant was convicted of being a felon in possession of a firearm and sentenced to a mandatory minimum of fifteen years’ imprisonment under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e). As an initial matter,…
Date: November 2, 2016
Docket Number: 15-2703
Justia Opinion Summary: Plaintiffs, a group of drivers, filed suit against the City and Gatso, alleging that the Automatic Traffic Enforcement (ATE) system violates their right to procedural due process, their fundamental right to travel, Iowa…
Date: November 2, 2016
Docket Number: 15-2781
Justia Opinion Summary: Plaintiffs, six drivers, filed suit against the City alleging that the Automatic Traffic Enforcement (ATE) system violates federal and state law. The district court dismissed plaintiffs' claims. Plaintiffs argue that the…
Date: November 2, 2016
Docket Number: 15-3117
Justia Opinion Summary: Petitioner, a native of Haiti, seeks review of the BIA's decision affirming the IJ's finding that he was ineligible for relief under the Convention Against Torture (CAT). In this case, petitioner argues that the BIA…
Date: November 2, 2016
Docket Number: 15-3837
Justia Opinion Summary: Petitioner was convicted of conspiracy to distribute methamphetamine, seven counts of distributing methamphetamine, and one count of possession with intent to distribute methamphetamine. Petitioner appealed the denial of…
Date: November 1, 2016
Docket Number: 15-3728
Justia Opinion Summary: Warner filed suit claiming that AVELA infringed their trademarks and engaged in unfair competition by licensing iconic pictures and phrases from films. On appeal, AVELA challenges a permanent injunction prohibiting them…
Date: November 1, 2016
Docket Number: 15-3846
Justia Opinion Summary: Plaintiff, the former building commissioner of the city, filed suit under 42 U.S.C. 1983, alleging that she was fired in retaliation for engaging in protected speech. The district court granted summary judgment to the…
Date: October 28, 2016
Docket Number: 15-3506
Justia Opinion Summary: Defendant pleaded guilty to being a felon in possession of a firearm and then appealed the district court's conclusion that his prior conviction for second degree robbery under Missouri state law qualifies as a crime of…
Date: October 27, 2016
Docket Number: 15-3449
Justia Opinion Summary: Defendant was convicted of unlawful use of identification documents and misuse of a social security account number. The court concluded that there was sufficient evidence to support the jury's guilty verdict for both…
Date: October 27, 2016
Docket Number: 15-3932
Justia Opinion Summary: Defendant appealed the district court's revocation of his term of supervised release and imposition of two years of imprisonment. The court concluded that the district court did not procedurally err by relying on the…
Date: October 27, 2016
Docket Number: 15-3944
Justia Opinion Summary: Defendant pled guilty to conspiracy to distribute 500 grams or more of methamphetamine. The court concluded that the district court properly denied defendant's request for a reduction under USSG 3B1.2 where defendant…
Date: October 27, 2016
Docket Number: 16-1217
Justia Opinion Summary: Defendant pleaded guilty to one count of mail fraud and then challenged the district court's application of a two-level sentencing enhancement. The court agreed that the direct evidence of the details of how defendant's…
Date: October 26, 2016
Docket Number: 14-2988
Justia Opinion Summary: Plaintiff was removed from the Associate Degree Nursing Program for behavior unbecoming of the profession and transgression of professional boundaries after CLC received student complaints about plaintiff's posts on his…
Date: October 24, 2016
Docket Number: 16-8012
Justia Opinion Summary: Respondents filed a class action complaint against Clean Harbors, alleging state tort claims related to a chemical release of hazardous waste storage and treatment facility operated by Clean Harbors. The district court…
Date: October 21, 2016
Docket Number: 16-1393
Justia Opinion Summary: Plaintiff pleaded guilty to sex trafficking of a child and was sentenced to 144 months in prison. The court concluded that the district court did not err by applying a two-level enhancement because USSG 2G1.3(b)(3)(B)…
Date: October 19, 2016
Docket Number: 15-2857
Justia Opinion Summary: After plaintiff's convictions for second-degree murder and first-degree robbery were vacated, plaintiff filed suit against several detectives who investigated the murder. In this interlocutory appeal, the detectives…
Date: October 18, 2016
Docket Number: 15-2921
Justia Opinion Summary: Defendant was convicted of being a felon in possession of a firearm and ammunition, and was sentenced to 20 years in prison under the Armed Career Criminal Act (ACCA), 18 U.S.C 924(e). The court concluded that the…
Date: October 18, 2016
Docket Number: 16-1433
Justia Opinion Summary: After Steve Walker died in a motorcycle accident, his wife, Ronda, filed a wrongful death action against the driver of the other vehicle. The parties settled for the driver's liability policy limit and then Ronda filed…
Date: October 17, 2016
Docket Number: 15-1584
Justia Opinion Summary: Plaintiff filed suit alleging that her former employer, Trinity Health, and former supervisors violated her rights under the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq., and the North Dakota Human…
Date: October 14, 2016
Docket Number: 15-3281
Justia Opinion Summary: Petitioner, a Mexican citizen, seeks review of the BIA's affirmance of the IJ's denial of his request for administrative closure of his immigration proceedings. DHS initiated removal proceedings in 2012, asserting that…
Date: October 13, 2016
Docket Number: 16-1232
Justia Opinion Summary: Plaintiff challenged the denial of his application for disability insurance benefits. Plaintiff claims that he is disabled as a result of osteoarthritis and degenerative joint disease of the hips, degenerative disc…
Date: October 12, 2016
Docket Number: 16-1371
Justia Opinion Summary: Plaintiff filed suit against his employer, Crete, alleging it violated the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq., by requiring a medical examination and discriminating on the basis of a perceived…
Date: October 7, 2016
Docket Number: 16-1841
Justia Opinion Summary: Plaintiff appealed the denial of Social Security disability insurance benefits. The ALJ concluded that she suffered from severe but not listed impairments – mood disorder, anxiety disorder, residuals of brain tumor with…
Date: October 6, 2016
Docket Number: 15-1209
Justia Opinion Summary: Defendant, the former acting director of cyber security at the United States Department of Health and Human Services, was convicted of multiple child pornography-related offenses following a jury trial. The court…
Date: October 5, 2016
Docket Number: 15-3039
Justia Opinion Summary: Defendant appealed his conviction for one count of receipt of child pornography and one count of possession of child pornography. The court concluded that the information before the district court was sufficient to…
Date: October 4, 2016
Docket Number: 15-2901
Justia Opinion Summary: Plaintiffs filed suit on behalf of themselves and a putative class of DISH subscribers, seeking monetary relief for Turner and FOX News services interruptions. The court concluded that, under Colorado law, the…
Date: October 4, 2016
Docket Number: 15-3734
Justia Opinion Summary: Defendant was sentenced to 240 months in prison after being convicted of conspiring to distribute cocaine and crack cocaine, possessing with the intent to distribute cocaine and crack cocaine, and possessing a firearm in…
Date: October 3, 2016
Docket Number: 15-3273
Justia Opinion Summary: Plaintiff filed suit against the University of Minnesota, David Andersen, and Ted Swem, alleging sexual harassment under 42 U.S.C. 1983. Swem was a mentor and guide to plaintiff. The district court denied Swem's motion…
Date: September 30, 2016
Docket Numbers: 15-2622, 15-2624
Justia Opinion Summary: In 2013, the IRS seized $32,820.56 from Carole Hinders’s business bank account based on allegations that Hinders had unlawfully “structured” deposits to avoid federal currency reporting requirements. The government then…
Date: September 29, 2016
Docket Number: 15-6035
Justia Opinion Summary: Debtor appeals the bankruptcy court's order converting his chapter 13 case to chapter 7. The BAP concluded that the bankruptcy court did not err by refusing to hold an evidentiary hearing on the United States Trustee's…
Date: September 29, 2016
Docket Number: 16-6011
Justia Opinion Summary: Debtors argue that the bankruptcy court erred in not awarding them all the attorney fees they incurred in their adversary proceeding against Champion for its violation of the discharge injunction. Debtors also argue that…
Date: September 26, 2016
Docket Number: 16-1283
Justia Opinion Summary: After defendant was convicted of distributing cocaine base, the district court applied the Guidelines' career-offender enhancement on the basis of two prior convictions, one of which was for first-degree battery under…
Date: September 22, 2016
Docket Number: 15-2777
Justia Opinion Summary: Plaintiff filed suit against Rodenburg, a debt collection law firm, alleging violations of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692d-f. The court concluded that Rodenburg reasonably believed that…
Date: September 22, 2016
Docket Number: 16-6012
Justia Opinion Summary: The County appealed the bankruptcy court's order and judgment discharging the debt owed to it by Jacob Milan for costs incurred related to his incarceration. The bankruptcy code precludes discharge of a debt for a fine,…
Date: September 21, 2016
Docket Number: 15-1932
Justia Opinion Summary: Plaintiff filed suit against PRA, a debt collector, and its attorneys, Gamache, under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692 et seq. The district court granted defendants' motion for judgment on…
Date: September 21, 2016
Docket Number: 16-6008
Justia Opinion Summary: Lariat appealed the bankruptcy court's order denying Lariat's request to dismiss the Chapter 11 case of debtor, or to convert the case to Chapter 7, denying confirmation of debtor’s second modified Chapter 11 plan, and…
Date: September 21, 2016
Docket Number: 16-6009
Justia Opinion Summary: Barbara Wigley appeals the bankruptcy court's order denying confirmation of Robert Wigley's (debtor) second modified Chapter 11 plan. The court held that Barbara does not have standing because her interests are not…
Date: September 20, 2016
Docket Number: 15-1967
Justia Opinion Summary: Bayer filed an interpleader action to determine its obligations with regards to a settlement reached with Texana that came about as a result of lawsuits that arose when Bayer introduced genetically modified rice into the…
Date: September 15, 2016
Docket Number: 15-1249
Justia Opinion Summary: Defendant was convicted of possession of a firearm and sentenced under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e)(1). Several of defendant's prior felony convictions were for second degree burglary of a…
Date: September 15, 2016
Docket Number: 15-2406
Justia Opinion Summary: The district court found third-party plaintiff Qwest failed to prove its claims for intentional interference with a business relationship, unfair competition, and unjust enrichment against third-party defendant FC. The…
Date: September 15, 2016
Docket Number: 15-2730
Justia Opinion Summary: Defendant conditionally plead guilty to one charge of being an inmate in possession of a prohibited object. The court rejected defendant's claim that the government violated his right to a speedy trial under the Speedy…
Date: September 14, 2016
Docket Number: 15-1673
Justia Opinion Summary: Petitioner, a native of Russia, seeks review of the BIA's decision affirming the IJ's denial of petitioner's application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT).…
Date: September 14, 2016
Docket Number: 15-2106
Justia Opinion Summary: Plaintiffs filed suit against BNSF for the deaths of two BNSF employees. Plaintiffs' suit arises under the Federal Employers' Liability Act (FELA), 45 U.S.C. 51 et seq. The jury found in favor of plaintiffs and the…
Date: September 14, 2016
Docket Number: 15-2368
Justia Opinion Summary: Defendant appealed her conviction for conspiracy to possess with intent to distribute more than 50 grams of actual methamphetamine. The court concluded that the evidence was sufficient to convict defendant where she…
Date: September 14, 2016
Docket Number: 15-2606
Justia Opinion Summary: Defendant was convicted of conspiracy to distribute, and to possess with intent to distribute, methamphetamine. The court concluded that allowing an agent to testify regarding defendant's text messages did not violate…
Date: September 14, 2016
Docket Number: 15-2786
Justia Opinion Summary: Defendant appealed his conviction for one count of aggravated sexual abuse of a child in Indian country. The court deferred to the district court's careful exercise of its discretion and concluded that the propensity…
Date: September 14, 2016
Docket Number: 15-3107
Justia Opinion Summary: After plaintiff was terminated from her job at ABM, she filed suit against her former employer, alleging that she was unlawfully terminated based on age in violation of the Minnesota Human Rights Act, Minn. Stat.…
Date: September 13, 2016
Docket Numbers: 15-1916, 15-1917
Justia Opinion Summary: Petitioners, brothers and natives of Guatemala, petitioned for review of the BIA's affirmance of the IJ's denial of their applications for asylum, withholding of removal, and CAT relief. Petitioners concede that they…
Date: September 13, 2016
Docket Number: 15-2465
Justia Opinion Summary: After charges against plaintiff for disorderly conduct and interference with lawful process were dropped, plaintiff filed suit alleging various claims against government officials. The court affirmed the district court's…
Date: September 12, 2016
Docket Number: 15-2394
Justia Opinion Summary: After plaintiff was convicted of murder and the charges were subsequently dropped when another person confessed to the murder, plaintiff filed a civil damage action against five individuals and Stone County, Missouri,…
Date: September 9, 2016
Docket Number: 15-1234
Justia Opinion Summary: Plaintiffs (the Associations) challenged the district court's ruling that they lack Article III standing to bring a "reverse" Freedom of Information Act (FOIA), 5 U.S.C. 552, 706(2)(A), claim against the EPA. Plaintiffs…
Date: September 9, 2016
Docket Number: 15-2547
Justia Opinion Summary: Defendant was convicted of one count of carjacking and two counts of corruptly attempting to obstruct an official proceeding. The court reversed the convictions for carjacking and one obstruction count and remanded for…
Date: September 8, 2016
Docket Number: 14-1737
Justia Opinion Summary: Plaintiff filed suit against Charter, alleging that Charter retained his personally identifiable information in violation of a section of the Cable Communications Policy Act, 47 U.S.C. 551(e). The district court granted…
Date: September 8, 2016
Docket Numbers: 14-3335, 14-3336, 14-3367
Justia Opinion Summary: Defendants Cree, Morris, and McArthur were convicted of criminal offenses stemming from their involvement with the Native Mob, a Minnesota prison and street gang. The court concluded that the evidence was sufficient to…
Date: September 8, 2016
Docket Number: 15-3078
Justia Opinion Summary: Plaintiff was found guilty of being a felon in possession of a firearm and sentenced under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e), based on his three prior violent felony convictions. The court concluded…
Date: September 8, 2016
Docket Number: 16-1428
Justia Opinion Summary: Petitioner seeks review of the BIA's conclusion that he is ineligible for cancellation of removal under 8 U.S.C. 1229(b), because he had sustained a prior conviction for an aggravated felony. Although the government…
Date: September 6, 2016
Docket Number: 15-1497
Justia Opinion Summary: Defendant pled guilty to conspiracy to distribute methamphetamine and conspiracy to commit money laundering. On appeal, defendant challenged the addition of one criminal-history point under USSG 4A1.1. The court…
Date: September 6, 2016
Docket Number: 15-3206
Justia Opinion Summary: Defendant appeals her sentence after pleading guilty to a drug distribution conspiracy. Defendant challenges the sentence primarily on the ground that the district court did not explicitly rule on her objection relating…
Date: September 6, 2016
Docket Number: 15-3213
Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983, alleging that the City's failure to develop a conflict-of-interest policy led to a violation of his constitutional rights when prosecutors (the Attorneys) filed a criminal…
Date: September 6, 2016
Docket Number: 15-3216
Justia Opinion Summary: American Family and Liberty Mutual (Appellants) filed suit against the City after a water-main break in the City flooded the basement condominiums and street-level window wells in the the nearby Sexton building. On…
Date: September 2, 2016
Docket Number: 15-2795
Justia Opinion Summary: Defendant pleaded guilty to one count of conspiracy to distribute cocaine and crack cocaine. On appeal, defendant challenged the district court's denial of an 18 U.S.C. 3582(c)(2) sentence reduction based upon Sentencing…
Date: September 1, 2016
Docket Numbers: 14-3151, 14-3188, 14-3225, 14-3288, 14-3750, 15-1288, 15-1846, 14-2964, 14-3404, 14-3448, 14-3673, 15-1805, 14-3651
Justia Opinion Summary: Plaintiffs, Minnesota driver's license holders, filed suit against local entities, Law Enforcement Does, Commissioners, and DPS Does, alleging that defendants violated the Driver’s Privacy Protection Act (DPPA), 18…
Date: September 1, 2016
Docket Numbers: 14-3527, 14-3529, 14-3533, 14-3537, 14-3539, 14-3540, 14-3542, 14-3543, 14-3600, 15-1488
Justia Opinion Summary: Plaintiffs filed separate actions against various Minnesota cities, counties, and law enforcement entities alleging violations of the Driver’s Privacy Protection Act (DPPA), 18 U.S.C. 2724(a). In separate orders, the…
Date: August 31, 2016
Docket Numbers: 15-1734, 15-1737
Justia Opinion Summary: Defendants Green and Hayes were convicted of conspiracy to possess with intent to distribute methamphetamine, as well as possessing, brandishing, and discharging a firearm in furtherance of a drug trafficking crime.…
Date: August 31, 2016
Docket Number: 15-2621
Justia Opinion Summary: Petitioner, a native and citizen of Mexico, seeks review of the BIA's affirmance of the IJ's denial of petitioner's request for adjustment of status and dismissal of petitioner's appeal. Petitioner was charged with being…
Date: August 31, 2016
Docket Numbers: 15-2690, 15-2693, 15-2850, 15-2893, 15-3245
Justia Opinion Summary: A common-benefit trust fund was established to compensate attorneys leading the MDL concerning Bayer’s LibertyLink LL601 genetically modified rice. On appeal, Bayer and Riceland challenge the district court's order…
Date: August 31, 2016
Docket Number: 15-3697
Justia Opinion Summary: Defendant was convicted of conspiracy to commit bank robberies and three counts of aiding and abetting the robbery of those banks. The court concluded that the district court properly denied defendant's motion to…
Date: August 30, 2016
Docket Number: 15-2140
Justia Opinion Summary: Defendant appealed his conviction for distributing methamphetamine and heroin, arguing that the district court violated his Sixth Amendment right to counsel because he did not unequivocally state his intent to proceed…
Date: August 30, 2016
Docket Number: 15-2990
Justia Opinion Summary: Defendant appealed the denial of his motion for a sentence reduction under 18 U.S.C. 3582(c)(2). The district court ruled that defendant was ineligible for a reduction because his sentence was based on a Federal Rule of…
Date: August 29, 2016
Docket Number: 15-3350
Justia Opinion Summary: Defendant appealed his conviction for being a felon in possession of ammunition and the district court's denial of his renewed motion for acquittal. The court concluded that the government did not constructively amend…
Date: August 26, 2016
Docket Number: 15-3230
Justia Opinion Summary: Petitioner, a citizen of Ghana and a lawful permanent resident of the United States, was convicted of three counts of medical assistance fraud in violation of Minn. Stat. 609.466. DHS commenced removal proceedings based…
Date: August 25, 2016
Docket Number: 15-1163
Justia Opinion Summary: The Adam Walsh Child Protection and Safety Act of 2006, Pub. L. No. 109-248, 120 Stat. 587, limits who may file a petition for a visa on behalf of an immediate family member who is a foreign national. In 2009, Joel…
Date: August 25, 2016
Docket Numbers: 15-2021, 15-2386
Justia Opinion Summary: Plaintiff filed suit against defendants alleging that they violated various provisions of the Fair Credit Reporting Act (FCRA), 15 U.S.C. 1681-1681x, by obtaining copies of her credit report. The district court granted…
Date: August 25, 2016
Docket Number: 15-2723
Justia Opinion Summary: Defendant was charged with possession of a machinegun and unlawful possession of an assault rifle. The government appealed the district court's suppression of evidence gained after police entered defendant's residence…
Date: August 25, 2016
Docket Number: 15-2789
Justia Opinion Summary: Plaintiffs appealed the district court's dismissal of their claims for damages in their action against Ferrellgas and AmeriGas under Section 1 of the Sherman Act, 15 U.S.C. 1. Plaintiffs alleged that defendants acted in…
Date: August 25, 2016
Docket Number: 15-3156
Justia Opinion Summary: After a federal employee injured plaintiff in a car accident, plaintiff filed suit against the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. 1346(b)(1). The district court found the government 100% at…
Date: August 24, 2016
Docket Number: 15-1900
Justia Opinion Summary: Plaintiff filed suit against his former employer, Air Methods, in state court for wrongful discharge in violation of public policy. Air Methods removed to federal court and the district court, relying on this court's…
Date: August 24, 2016
Docket Number: 15-2156
Justia Opinion Summary: Defendant pled guilty to receiving child pornography and was sentenced to 240 months in prison. The court concluded that the district court did not err by imposing a sentencing enhancement for obstruction of justice…
Date: August 24, 2016
Docket Number: 15-2460
Justia Opinion Summary: Plaintiff appealed the denial of her Social Security benefits, arguing that the ALJ's determination that she is not disabled is not supported by substantial evidence on the record as a whole. Plaintiff claimed that she…
Date: August 24, 2016
Docket Number: 15-2915
Justia Opinion Summary: Plaintiffs appealed the district court's order granting the District's motion to approve the closure of Wilmot Elementary School and to modify the gifted and talented (GT) requirements for the District. In 1988,…
Date: August 24, 2016
Docket Number: 15-3129
Justia Opinion Summary: Petitioner pleaded guilty to conspiring to distribute crack cocaine and was sentenced to 180 months in prison. Petitioner then filed a pro se motion to vacate his sentence under 28 U.S.C. 2255, but the district court…
Date: August 24, 2016
Docket Numbers: 15-3760, 15-3844
Justia Opinion Summary: Defendant appealed the denial of his motions to reduce his sentence under 18 U.S.C. 3582(c)(2). In this case, the district court did not determine whether defendant's untimely notice of appeal was the result of excusable…
Date: August 23, 2016
Docket Number: 15-1078
Justia Opinion Summary: Plaintiffs, hourly production employees, filed suit against their employer, EaglePicher, under the Fair Labor Standards Act (FLSA), 29 U.S.C. 201-219, and the Missouri Minimum Wage Law, Mo. Rev. Stat. 290.500-290.530.…
Date: August 23, 2016
Docket Number: 15-2431
Justia Opinion Summary: After the LPD conducted a high-risk traffic stop of plaintiff, he filed suit against the City and three officers involved in the stop under 42 U.S.C. 1983 for deprivation of his constitutional rights. The district court…
Date: August 23, 2016
Docket Number: 15-2660
Justia Opinion Summary: Defendant pleaded guilty to possession of child pornography and was sentenced to 97 months in prison. The court concluded that the district court did not abuse its discretion by imposing enhancements for "sadistic"…
Date: August 22, 2016
Docket Number: 14-3701
Justia Opinion Summary: After he was diagnosed with multiple sclerosis, plaintiff applied for long term disability benefits under his Sun Life policy. The policy required plaintiff to provide written notice of his claim within 30 days of the…
Date: August 22, 2016
Docket Number: 15-2710
Justia Opinion Summary: Plaintiffs, employed as truck drivers, filed suit against Tutle and Schlumberger, alleging that defendants failed to pay them overtime compensation in violation of the Fair Labor Standards Act (FLSA), 29 U.S.C.…
Date: August 19, 2016
Docket Number: 15-1629
Justia Opinion Summary: Plaintiffs filed suit alleging that 21 Budget rental car businesses willfully violated the Fair and Accurate Credit Transactions Act (FACTA), 15 U.S.C. 1681c(g)(1), by issuing receipts that contained more than five…
Date: August 19, 2016
Docket Number: 15-2415
Justia Opinion Summary: Plaintiffs filed suit against Verizon, alleging violations of the Telephone Consumer Protection Act, 47 U.S.C. 227, and the Iowa Debt Collection Practices Act, Iowa Code 537.7103 (2014), arising out of a billing dispute.…
Date: August 19, 2016
Docket Number: 15-2800
Justia Opinion Summary: Defendant appealed her conviction for two counts of conspiracy to distribute a controlled substance, and one count of attempted witness tampering. The court concluded that the district court did not plainly err by…
Date: August 19, 2016
Docket Number: 15-2861
Justia Opinion Summary: A1's, packages and sells landscaping materials, filed suit against Decker to recover losses after Decker sold defective plastic bags to A1's. Because Decker failed to manufacture the bags with an ultraviolet inhibitor…
Date: August 19, 2016
Docket Number: 15-2917
Justia Opinion Summary: Plaintiff filed suit against his former employer, alleging that the company terminated his position and then refused to rehire him because of his age, in violation of federal and Minnesota law. The court affirmed the…
Date: August 19, 2016
Docket Number: 15-3075
Justia Opinion Summary: Plaintiffs, five members of Whittier Alliance, a private neighborhood organization, filed suit under 42 U.S.C. 1983 against the City and Alliance itself. Plaintiffs claim that the City "commanded and encouraged" the…
Date: August 18, 2016
Docket Number: 15-1672
Justia Opinion Summary: Defendant, originally adjudicated a juvenile delinquent for assault of a federal officer, appealed the district court's imposition of a combination of official detention and juvenile delinquent supervision following…
Date: August 18, 2016
Docket Number: 15-1690
Justia Opinion Summary: Defendant pleaded guilty to receiving child pornography and admitted that he was previously adjudicated guilty as a juvenile of a sexual offense involving a minor. On appeal, defendant appealed his sentence and a special…
Date: August 18, 2016
Docket Number: 15-1796
Justia Opinion Summary: Plaintiff filed suit against the USDA and others, claiming that defendants violated the Equal Credit Opportunity Act (ECOA), 15 U.S.C. 1691 et seq., because they denied his debt settlement offers on the basis of his race…
Date: August 18, 2016
Docket Number: 15-1919
Justia Opinion Summary: After the school districts sought termination of the Garland County School Desegregation Case Comprehensive Settlement Agreement and relief from the district court’s 1992 order enforcing it, the district court denied the…
Date: August 18, 2016
Docket Number: 15-2610
Justia Opinion Summary: Plaintiff filed suit against his brother, an accountant, and a banker, alleging that they siphoned money from the brother's farming business. Plaintiff filed suit against all three, as well as the accountant and banker's…
Date: August 16, 2016
Docket Number: 15-2453
Justia Opinion Summary: Plaintiff, individually and purportedly on behalf of others similarly situated, filed suit against GameStop for breach of contract, unjust enrichment, money had and received, and violation of Minnesota’s Consumer Fraud…
Date: August 16, 2016
Docket Number: 15-2555
Justia Opinion Summary: Defendant appealed his conviction for defrauding a health-care benefits program, and of making false statements about the delivery or payment for healthcare benefits. The court concluded that the district court did not…
Date: August 16, 2016
Docket Number: 15-3223
Justia Opinion Summary: Movant pleaded guilty to, and was sentenced for, a crime that the stipulated facts in the plea agreement did not support. After the district court corrected the statute of conviction but left movant's sentence intact, he…
Date: August 16, 2016
Docket Number: 15-3241
Justia Opinion Summary: Defendant plead guilty to one count of failure to register as a sex offender and was sentenced to 57 months in prison. Even assuming that the categorical approach does apply, the court concluded that the district court…
Date: August 15, 2016
Docket Numbers: 15-1177, 15-1428
Justia Opinion Summary: Evelyn Garrison and ten opt-in plaintiffs filed suit against ConAgra under the Arkansas Minimum Wage Act (AMWA), Ark. Code Ann. 11-4-201, et seq., and the Fair Labor Standards Act (FLSA), 29 U.S.C. 201-219. Plaintiffs…
Date: August 15, 2016
Docket Number: 15-2007
Justia Opinion Summary: Defendant was found guilty of conspiring to distribute, possessing with the intent to distribute, and distributing methamphetamine. On appeal, defendant challenged his sentence of 96 months in prison. The court concluded…
Date: August 15, 2016
Docket Number: 15-2231
Justia Opinion Summary: Plaintiff, a Missouri inmate, filed suit under 42 U.S.C. 1983, alleging that Missouri Department of Correction officials violated his constitutional rights when they censored his Chinese-language mail and denied him the…
Date: August 15, 2016
Docket Number: 15-3298
Justia Opinion Summary: Plaintiff appealed the denial of her social security disability benefits. As a preliminary matter, the court concluded that neither the doctrine of collateral estoppel nor law of the case applies to plaintiff's claim. On…
Date: August 12, 2016
Docket Number: 15-1738
Justia Opinion Summary: Defendant was convicted of second-degree murder of his parents in Indian country and the district court imposed two consecutive life sentences. The court concluded that the district court did not abuse its discretion in…
Date: August 12, 2016
Docket Number: 15-2125
Justia Opinion Summary: Defendant appealed his sentence after pleading guilty to four counts of wire fraud. The court concluded that, because the district court did not apply one of the two total offense levels specifically contemplated by the…
Date: August 12, 2016
Docket Number: 15-2420
Justia Opinion Summary: Relator filed a qui tam action under the False Claims Act (FCA), 31 U.S.C. 3729-33, alleging that his former employer, AAKC, violated the FCA by submitting claims for Medicare reimbursement of anesthesia services at the…
Date: August 12, 2016
Docket Number: 15-2865
Justia Opinion Summary: Defendant was found guilty of conspiracy to distribute methamphetamine and conspiracy to commit money laundering. The court held that the district court did not abuse its discretion when it failed to order disclosure of…
Date: August 12, 2016
Docket Number: 15-3313
Justia Opinion Summary: Defendant was convicted of conspiracy to distribute 500 grams or more of methamphetamine. On appeal, defendant challenged the denial of his motion to suppress physical evidence and imposition of a life sentence. The…
Date: August 11, 2016
Docket Number: 15-1464
Justia Opinion Summary: The Trusts filed suits in federal and state court over the course of two-and-a-half decades, claiming rights as the beneficiaries, successors, or assigns of the owners of coal mining royalty interests in Kentucky. In…
Date: August 11, 2016
Docket Number: 15-1716
Justia Opinion Summary: Defendant appealed his convictions for conspiracy to sell drug paraphernalia, conspiracy to distribute Schedule I controlled substances, conspiracy to commit money laundering, and being a felon in possession of…
Date: August 11, 2016
Docket Number: 15-2757
Justia Opinion Summary: EIP filed suit against PI, alleging claims related to the PAKSTER mark under the Lanham Act, 15 U.S.C. 119, 1120, and 1125(a). PI filed counterclaims for trademark infringement and unfair competition under the Lanham…
Date: August 11, 2016
Docket Number: 15-3121
Justia Opinion Summary: Defendant pled guilty to one count of possession of firearms by a prohibited person - a user of a controlled substance - in violation of 18 U.S.C 922(g)(3), and waived the right to appeal nonjurisdictional issues. On…
Date: August 10, 2016
Docket Numbers: 15-2334, 15-2405
Justia Opinion Summary: Kip Kaler, as trustee of the debtor's bankruptcy estate, brought suit against Louie Slominski to avoid a land lease that Slominski and the debtor had entered. The Bankruptcy Appellate Panel (BAP) held that the bankruptcy…
Date: August 10, 2016
Docket Number: 15-2378
Justia Opinion Summary: Defendant pled guilty to sexual exploitation of children and to commission of a felony offense involving a minor while being required to register as a sex offender. On appeal, defendant challenged his sentence of 480…
Date: August 10, 2016
Docket Number: 15-2968
Justia Opinion Summary: Plaintiff filed suit against Principia, alleging claims arising from events that occurred during plaintiff's time as a student at Principia. The district court granted Principia's motion to dismiss. The court held that…
Date: August 9, 2016
Docket Number: 15-2276
Justia Opinion Summary: Defendant conditionally plead guilty to being a felon in possession and subsequently appealed the denial of his motion to suppress the firearm seized during an investigative stop. Defendant also appealed his sentence and…
Date: August 9, 2016
Docket Numbers: 15-3413, 15-3416
Justia Opinion Summary: Defendant appealed the district court's revocation of his term of supervised release. Special Condition Number 6 made it a condition that defendant must not possess obscene material as deemed inappropriate by the…
Date: August 9, 2016
Docket Number: 15-3425
Justia Opinion Summary: Defendant plead guilty to being a felon in possession of a firearm. The district court categorized defendant pursuant to the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e), and sentenced defendant to the the…
Date: August 9, 2016
Docket Number: 15-3718
Justia Opinion Summary: After defendant plead guilty to being a felon in possession of a firearm, the district court determined that defendant had three prior violent felony convictions and sentenced him to 235 months imprisonment under the…
Date: August 9, 2016
Docket Number: 15-3725
Justia Opinion Summary: Defendant conditionally plead guilty to five counts of production of child pornography, and five counts relating to the registered sex offender enhancement. On appeal, defendant challenged the denial of his motion to…
Date: August 8, 2016
Docket Number: 15-1780
Justia Opinion Summary: Plaintiff filed a qui tam suit under the Minnesota False Claims Act (MFCA), Minnesota Statutes Annotated 15C.01 et seq., and the federal False Claims Acts (FCA), 31 U.S.C. 3729 et seq., against UMMC, alleging that UMMC…
Date: August 8, 2016
Docket Number: 15-1897
Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983 against employees of DMH, alleging that defendants violated his constitutional rights by forcibly collecting his fingerprints, a mouth swab, and a blood sample while he was…
Date: August 8, 2016
Docket Numbers: 15-2341, 15-2369
Justia Opinion Summary: Defendants Shield and Alford appealed their sentences of 180 months in prison after being convicted of assault with a dangerous weapon and assault resulting in serious bodily injury. The district court did not abuse its…
Date: August 8, 2016
Docket Number: 15-2770
Justia Opinion Summary: Defendant appealed the denial of his motion to suppress, after pleading guilty to one count of possession of child pornography. The court concluded that information about defendant’s prior child pornography conviction,…
Date: August 8, 2016
Docket Number: 15-3016
Justia Opinion Summary: Defendant was convicted of conspiracy to distribute methamphetamine, but was acquitted of possession with intent to distribute methamphetamine and possession of a firearm in furtherance of a drug trafficking crime. The…
Date: August 8, 2016
Docket Number: 15-3489
Justia Opinion Summary: Defendant appealed his sentence of 188 months in prison after pleading guilty to possession with intent to distribute 50 grams or more of a mixture containing methamphetamine, a mixture containing cocaine, and a mixture…
Date: August 8, 2016
Docket Number: 15-3721
Justia Opinion Summary: Defendant plead guilty to manufacturing explosives in violation of 18 U.S.C. 842(a)(1), 844(a)(1). The court concluded that the government need not prove defendant engaged in the business of manufacturing explosives for…
Date: August 5, 2016
Docket Number: 15-1617
Justia Opinion Summary: After Joseph Kronberg was electrocuted and died while working at an oil well as an employee of Nabors, Mr. Kronberg's widow filed wrongful death and survival actions against Oasis Petroleum and others. The district court…
Date: August 5, 2016
Docket Number: 15-1787
Justia Opinion Summary: Plaintiff filed a pro se complaint against the Department, alleging a sexual harassment claim based on hostile work environment and a retaliation claim. The district court dismissed the complaint under Rule 12(b). In…
Date: August 5, 2016
Docket Number: 15-1962
Justia Opinion Summary: Reynal Caldwell appeals the grant of summary judgment in favor of his ex-wife, Theresa Caldwell Lavender, and her attorney Alan E. DeWoskin and his law firm. Caldwell also appeals the denial of his motion for summary…
Date: August 5, 2016
Docket Number: 15-2814
Justia Opinion Summary: Plaintiffs filed suit alleging that Beresford breached the terms of an option contract by selling their former farm to the Gords. Plaintiffs also claim that the Gords tortiously interfered with their contract with…
Date: August 5, 2016
Docket Number: 15-2980
Justia Opinion Summary: Plaintiff appealed the denial of supplemental security income (SSI) and disability insurance benefits (DIB). Plaintiff alleged disability due to diabetes mellitus, heart problems, fatigue, and chest, back and leg pain.…
Date: August 5, 2016
Docket Number: 15-3199
Justia Opinion Summary: The FPD appealed the district court's order compelling Terry McAtee, an Assistant Federal Public Defender, to reveal communications that he had with his client, Randy Beltramea. McAtee represented Beltramea, who had been…
Date: August 5, 2016
Docket Number: 15-3461
Justia Opinion Summary: Defendant was found guilty of all nine counts of a federal indictment. Defendant's charges stemmed from his involvement in two carjackings. The court concluded that defendant failed to address whether the photographic…
Date: August 5, 2016
Docket Number: 15-3591
Justia Opinion Summary: Defendant appeals his conviction for possession of a firearm as a previously convicted felon. The court concluded that the district court did not err in denying defendant's motion to suppress his recorded post-arrest…
Date: August 5, 2016
Docket Number: 15-3665
Justia Opinion Summary: Defendant was convicted of three counts of aggravated sexual abuse and three counts of abusive sexual contact. The court concluded that the district court did not abuse its discretion in admitting a fourth witness's…
Date: August 5, 2016
Docket Number: 15-3730
Justia Opinion Summary: Defendant appeals his sentence of 360 months in prison for the production and attempted production of child pornography. The court concluded that defendant's sentence is substantively reasonable where he was sentenced…
Date: August 4, 2016
Docket Number: 15-1438
Justia Opinion Summary: League Commissioner Roger Goodell, during the 2014 football season, suspended Minnesota Vikings running back Adrian Peterson indefinitely and fined Peterson a sum equivalent to six games' pay. Peterson’s suspension…
Date: August 4, 2016
Docket Number: 15-3244
Justia Opinion Summary: Plaintiff, a former police captain, filed suit against the City and city officials under 42 U.S.C. 1983, alleging that the City violated her constitutional right to due procedural process in violation of the Fourteenth…
Date: August 4, 2016
Docket Number: 16-6004
Justia Opinion Summary: The Chapter 7 trustee appeals from the bankruptcy court’s judgment and order in favor of Sunset Cove on issues of turnover and preference. The bankruptcy appellate panel (BAP) concluded that the posting of the execution…
Date: August 2, 2016
Docket Numbers: 15-1071, 15-1073
Justia Opinion Summary: Bruce A. Hauptman, an investment consultant, sought judicial review of the Commissioner's notices of determination permitting a levy to collect Hauptman’s unpaid income tax liabilities for tax years 1992 through 1996.…
Date: August 2, 2016
Docket Number: 15-1613
Justia Opinion Summary: Defendant was convicted of laundering and conspiring to launder money, and making a false statement. Defendant had laundered drug proceeds received from his brother-in-law, Brandon Lusk, through his law firm, and then…
Date: August 2, 2016
Docket Number: 15-2011
Justia Opinion Summary: Defendant plead guilty to one count of robbery and aiding and abetting robbery and one count of conspiracy to commit robbery, in violation of the Hobbs Act, 18 U.S.C. 1951. On appeal, defendant challenged his sentence of…
Date: August 2, 2016
Docket Number: 15-2090
Justia Opinion Summary: Petitioners, the Owner-Operator Independent Drivers Association and one of its members, seek review of regulatory guidance issued by the FMCSA, which exempts from federal accident-reporting regulations certain accidents…
Date: August 2, 2016
Docket Number: 15-2570
Justia Opinion Summary: Plaintiff was insured under a group long-term disability policy the county obtained from Hartford. After Hartford denied plaintiff's claim for disability benefits, she filed suit in Minnesota state court for breach of…
Date: August 2, 2016
Docket Number: 15-2994
Justia Opinion Summary: Defendant conditionally plead guilty to possession with intent to distribute more than 500 grams of a mixture or substance containing a detectable amount of methamphetamine. On appeal, defendant challenged the district…
Date: August 1, 2016
Docket Number: 14-3723
Justia Opinion Summary: Plaintiff, an Iowa prison inmate, filed suit under 42 U.S.C. 1983 against prison officials for deliberate indifference to his serious medical need. Plaintiff alleged that Director Baldwin and Dr. Deol were deliberately…
Date: August 1, 2016
Docket Number: 15-2657
Justia Opinion Summary: After plaintiff attempted to unilaterally rescind his resignation and resume his teaching role, and the District refused to reinstate him, plaintiff filed suit for breach of his employment contract. The district court…
Date: August 1, 2016
Docket Number: 15-3143
Justia Opinion Summary: Defendant was found guilty of 11 counts related to conspiracy and distribution of cocaine and heroin. On remand, the district court made the necessary findings and reduced the drug sentence by 12 months for a total…
Date: July 29, 2016
Docket Number: 15-2172
Justia Opinion Summary: After MFA formed a campaign committee less than 30 days before the November 4, 2014, election and violated Missouri law section 130.011(8), MFA filed suit against the executive director of the Missouri Ethics Commission…
Date: July 29, 2016
Docket Number: 15-2348
Justia Opinion Summary: Defendant plead guilty to possession of child pornography. The district court concluded that defendant's prior conviction under Iowa law for indecent contact with a child in 1982 qualified as a predicate offense under 18…
Date: July 29, 2016
Docket Number: 15-2457
Justia Opinion Summary: Defendant was found guilty of corruptly obstructing administration of the internal revenue laws, willfully subscribing to false federal tax returns, and mailing a false negotiable instrument to a state agency with intent…
Date: July 29, 2016
Docket Number: 15-2950
Justia Opinion Summary: Defendant appealed his eight-month sentence for wire fraud, and challenged the district court's finding of a loss amount of $194,869 and the resulting restitution award. The court concluded that the loss amount was not…
Date: July 29, 2016
Docket Number: 15-2962
Justia Opinion Summary: Defendant was convicted of transportation of a minor for prostitution and sentenced to 250 months in prison. The court concluded that evidence of the victim's sexual behavior after the time of the offense was properly…
Date: July 28, 2016
Docket Number: 15-1362
Justia Opinion Summary: Petitioner appealed the district court's dismissal of his habeas petition as time-barred. In this case, petitioner failed to take any action to pursue his federal habeas rights even though it became clear that his hired…
Date: July 28, 2016
Docket Number: 15-2078
Justia Opinion Summary: Defendant plead guilty to 14 counts of failing to pay the IRS the full amount of his employees' tax withholdings and was sentenced to 51 months in prison. The court concluded that, in applying a four-level leadership…
Date: July 28, 2016
Docket Number: 15-2201
Justia Opinion Summary: Plaintiff filed suit alleging that Central Transport violated the overtime requirements of the Fair Labor Standards Act (FLSA), 29 U.S.C. 207(a)(1), when it employed him as a "switcher" at its St. Louis terminal. The…
Date: July 28, 2016
Docket Number: 15-2382
Justia Opinion Summary: Defendant appealed his revocation sentence of 51 months in prison. In this case, the district court had the power to sentence defendant, as a probation violator within the range of sentences available at the time of his…
Date: July 27, 2016
Docket Number: 15-1827
Justia Opinion Summary: Defendant appealed his conviction for being a felon in possession of a firearm that was seized from his parked car without a warrant during a late night investigation of possible criminal activity. The court agreed with…
Date: July 27, 2016
Docket Number: 15-2214
Justia Opinion Summary: Defendant appealed the district court's revocation of his supervised release and sentence of 8 months in prison followed by 4 years of supervised release. The court concluded that defendant admitted to violating rules of…
Date: July 27, 2016
Docket Number: 15-2603
Justia Opinion Summary: Defendant conditionally plead guilty to disposing of a firearm to a convicted felon and then appealed the denial of his motion to suppress the firearm, which was seized during a warrantless search of his vehicle. The…
Date: July 27, 2016
Docket Number: 15-3260
Justia Opinion Summary: Defendant conditionally pled guilty to being a felon in possession of a firearm and ammunition (count one) and possession of an illegal firearm (count two) after law enforcement officers seized three firearms and 374…
Date: July 27, 2016
Docket Number: 15-3486
Justia Opinion Summary: Defendant pleaded guilty to assault with intent to commit murder (Count I) and use of a firearm during a crime of violence (Count II). On appeal, defendant seeks dismissal of Count II. The court concluded that…
Date: July 26, 2016
Docket Number: 15-1894
Justia Opinion Summary: Defendant was convicted of being a felon in possession of two firearms and subsequently appealed the district court's denial of his pretrial motion to suppress the firearms during the two searches. The court affirmed the…
Date: July 25, 2016
Docket Numbers: 15-2307, 15-2308
Justia Opinion Summary: Barkley filed suit against Gabriel Brothers, alleging breach of a master services agreement. In the alternative, Barkley alleged that Gabriel Brothers breached a subsequent agreement to pay "actual costs" and Gabriel…
Date: July 25, 2016
Docket Number: 15-3048
Justia Opinion Summary: Blake Roussel and LuAnne Deere formed Clear Sky, LLC d/b/a Exit First Choice Realty - an Exit Realty brokerage franchise - in Conway, Arkansas. Deere and Clear Sky subsequently filed suit against Roussel for breach of…
Date: July 22, 2016
Docket Number: 15-1869
Justia Opinion Summary: Plaintiffs, owners of shares of Wal-Mart, filed suit against the corporation's directors and officers, alleging that they violated state and federal law by permitting and then covering up pervasive bribery committed on…
Date: July 22, 2016
Docket Number: 15-2115
Justia Opinion Summary: Defendant was convicted as a principle for arson of a building used in interstate commerce, in violation of 18 U.S.C. 844(i) ("Count I"); mail fraud, in violation of 18 U.S.C. 1341 ("Count II"); wire fraud, in violation…
Date: July 22, 2016
Docket Numbers: 15-2173, 15-2192
Justia Opinion Summary: Defendants Valencia and Rangel-Ortega appealed their sentences after pleading guilty to several drug-related offenses. The district court sentenced Valencia to 292 months’ imprisonment and Rangel-Ortega to 240 months’…
Date: July 22, 2016
Docket Number: 15-3026
Justia Opinion Summary: Defendant was convicted of three counts of tax evasion and sentenced to 51 months in prison, as well as three years of supervised release. Defendant contends that he was entitled to present provisions of the Internal…
Date: July 22, 2016
Docket Number: 15-3084
Justia Opinion Summary: Petitioner, a citizen of Guatemala, seeks review of the BIA's decision affirming the IJ's denial of her application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The BIA…
Date: July 22, 2016
Docket Number: 15-3441
Justia Opinion Summary: Defendant, a native and citizen of Mexico, pled guilty to illegally reentering the United States after removal following his conviction for aggravated felonies. On appeal, defendant challenged his sentence. The court…
Date: July 21, 2016
Docket Number: 15-1930
Justia Opinion Summary: Plaintiff filed suit against Siemens, her former employer, alleging unlawful discrimination based on race in violation of Title VII of the Civil Rights Act, 42 U.S.C. 2000e et seq. Plaintiff, an African American, was…
Date: July 21, 2016
Docket Number: 16-1432
Justia Opinion Summary: Defendant appealed the revocation of her term of supervised release after serving a prison sentence for committing disaster benefits fraud. The court concluded that the district court did not abuse its discretion in…
Date: July 20, 2016
Docket Number: 14-3495
Justia Opinion Summary: Petitioner, convicted of two charges arising from an armed bank robbery that resulted in the death of a bank security guard, moved to vacate his death sentence under 28 U.S.C. 2255 on several grounds. The district court…
Date: July 20, 2016
Docket Number: 15-1540
Justia Opinion Summary: After a halfway house resident, Angenaldo Bailey, seriously injured plaintiff when he broke into her house, plaintiff filed suit against the City of Ames, several Ames police officers, the Center, John McPherson (the…
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