Court Description: [Per Curiam - Before Benton, Kelly and Grasz, Circuit Judges] Criminal case - Criminal law. Anders case. The district court did not err in denying defendant's motion to dismiss based on prosecutorial vindictiveness as there was no evidence the government acted out of vindictiveness or retaliated against defendant for exercising any right; the evidence was sufficient to support defendant's convictions for knowingly using a false identification document as evidence of authorized employment and of misusing a social security number not assigned to her. [ November 18, 2020 ]
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 20-2175 ___________________________ Larry Newburn lllllllllllllllllllllPlaintiff - Appellant v. Kieth Repko, St. Louis, MO VAMC Director; Dr. Patricia McKelvey; Cheryl Anderson, Chief Nurse lllllllllllllllllllllDefendants - Appellees Shautley Ray, LPN lllllllllllllllllllllDefendant Suzzane Blaylock, RN lllllllllllllllllllllDefendant - Appellee Dr. Mohammad Qadir lllllllllllllllllllllDefendant Jennifer Roberts, Privacy Officer; Angie Nicholson, Privacy Officer; Jock Holmes, ROI Release of Information Officer lllllllllllllllllllllDefendants - Appellees St. Louis, MO Veterans Affairs Medical Center lllllllllllllllllllllDefendant United States of America lllllllllllllllllllllDefendant - Appellee ____________ Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________ Submitted: November 16, 2020 Filed: November 19, 2020 [Unpublished] ____________ Before ERICKSON, WOLLMAN, and STRAS, Circuit Judges. ____________ PER CURIAM. Larry Newburn appeals the district court’s1 dismissal of his Federal Tort Claims Act (FTCA) lawsuit. Upon de novo review, we find that the dismissal was proper. See Mackovich v. United States, 630 F.3d 1134, 1134-35 (8th Cir. 2011) (per curiam) (law of State where complained-of conduct occurred applies in FTCA cases). The judgment is affirmed. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Ronnie L. White, United States District Judge for the Eastern District of Missouri. -2-
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