SEC v. Bryan Behrens, No. 14-3299 (8th Cir. 2015)

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Court Description: Per Curiam - Before Wollman, Smith and Benton, Circuit Judges] Civil case. Behren's claims are either foreclosed or precluded by the consent judgment he entered in 2008; are wholly unsupported; are improperly before the court on the ground they are raised for the first time on appeal; or are plainly meritless.

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 14-3299 ___________________________ Securities and Exchange Commission lllllllllllllllllllll Plaintiff - Appellee v. Bryan S. Behrens lllllllllllllllllllll Defendant - Appellant National Investments, Inc. lllllllllllllllllllll Defendant ____________ Appeal from United States District Court for the District of Nebraska - Omaha ____________ Submitted: July 13, 2015 Filed: July 31, 2015 [Unpublished] ____________ Before WOLLMAN, SMITH, and BENTON, Circuit Judges. ____________ PER CURIAM. Federal inmate Bryan S. Behrens appeals the district court’s1 entry of final judgment in this civil action. He raises numerous challenges to the conduct of the receiver in this matter, the initiation of criminal proceedings against him, and the entry of final judgment. Having jurisdiction under 28 U.S.C. § 1291, this court affirms. Behrens’s various challenges are either foreclosed or precluded by the consent judgment that he entered in 2008; are wholly unsupported; are improperly before this court as issues that are being raised for the first time on appeal; or are plainly meritless and do not warrant extended discussion. This court also finds no abuse of discretion in the district court’s order holding Behrens liable for the amount reflected in the final judgment. See SEC v. Razmilovic, 738 F.3d 14, 31-32 (2d Cir. 2013) (standard of review). The judgment is affirmed. See 8th Cir. R. 47B. ______________________________ 1 The Honorable John M. Gerrard, United States District Judge for the District of Nebraska. -2-

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