Justia U.S. 8th Circuit Court of Appeals Opinion Summaries

The Eighth Circuit affirmed defendant's conviction and sentence for being an accessory to a second degree murder. The court declined to consider defendant's ineffective assistance of counsel claim on direct appeal where the issue was never raised before the district court and the record was not fully developed; there was no basis for the court to conclude that trial counsel's ineffectiveness was readily apparent or obviously deficient; and defendant failed to show a plain miscarriage of justice.The court also held that the district court did not commit procedural error where the district court's explanation of the sentence was sufficient. Furthermore, any procedural error by imposing an upward departure was harmless because the district court justified the sentence by referencing both the grounds and the relevant section 18 U.S.C. 3553(a) factors. Finally, the district court did not abuse its discretion and did not impose a substantively unreasonable sentence. View "United States v. Quiver" on Justia Law

The Eighth Circuit affirmed defendant's conviction for possession of more than 500 grams of methamphetamine. The court held that the evidence was sufficient to convict defendant where a reasonable jury could conclude, based on the large amount of easily discoverable meth in defendant's truck, that he knew it was sitting with his cargo; the district court did not err by denying the motion to suppress where the officers' use of a dog sniff was reasonable both because defendant consented to a search and because the extension of the stop was de minimis in light of his consent; and the district court did not err in rejecting defendant's proposed mere presence instruction because the instructions it gave adequately covered his theory of defense. View "United States v. Leon" on Justia Law

The Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to unlawful possession of a firearm as a previously convicted felon and conspiracy to possess a firearm in furtherance of a drug trafficking crime. The court held that the district court did not err in applying a cross-reference under USSG 2K2.1(c)(1)(B) to USSG 2A1.1, the first degree murder guideline, where defendant gave a firearm to an acquaintance with the understanding that he would use the gun in connection with a drug trafficking activity and to retaliate against a woman, eventually killing her. The court also held that the district court did not plainly err by declining to declare sua sponte that the government breached the agreement. View "United States v. Edger" on Justia Law

The Eighth Circuit affirmed the district court's revocation of defendant's supervised release and sentence of 10 months in prison after he admitted to violating conditions of his supervised release. The court held that the district court had a legitimate concern for managing the risk of recidivism and it was proper for the district court to consider defendant's own reservations about immediate release to the community when fashioning the revocation sentence. View "United States v. Newson" on Justia Law

The Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to being a felon in possession of a firearm. The court held that the district court did not clearly err by imposing a four-level sentencing enhancement under USSG 2K2.1(b)(6)(B) for possessing the firearm in connection with the felony offense of drug trafficking. In this case, the weight and packaging of the marijuana, combined with defendant's statements and his firearm possession, constitute sufficient evidence to support the district court's conclusion that he committed the felony offense of drug trafficking. Furthermore, the firearm was found in close proximity to the drugs. The court also held that the district court did not err by denying defendant a third level reduction for acceptance of responsibility. View "United States v. Brockman" on Justia Law

The Eighth Circuit affirmed the district court's denial of defendant's post-trial motion for judgment of acquittal or new trial and sentence of three months in prison for harboring or concealing a person from arrest. The court held that the evidence was sufficient to support the jury's finding that defendant assisted the criminal by providing shelter while he was hiding from law enforcement and that she intended to prevent his discovery and arrest. In this case, defendant's delay in allowing the officers to enter and search the house, regardless of its duration, together with her false statements to investigators, support a finding that she intentionally harbored and concealed the criminal. The court rejected defendant's alternative contention that the district court abused its discretion in denying the motion for new trial. Finally, it was not a miscarriage of justice to convict her when a jury acquitted a codefendant. View "United States v. Waloke" on Justia Law

The Eighth Circuit affirmed the district court's denial of habeas relief under 28 U.S.C. 2254 to petitioner, who was convicted of four counts of capital murder and sentenced to death on each count. The court held that trial counsel was not constitutionally ineffective for failing to adequately investigate and present mitigating evidence related to petitioner's childhood abuse, fetal-alcohol exposure, and post-traumatic stress disorder. In this case, counsel satisfied his obligation under Strickland v. Washington and his decision not to interview distant family members was reasonable. Counsel conducted a thorough investigation and reasonably decided to pursue a theory of imperfect self-defense. Furthermore, counsel's decision to hire an expert to evaluate the effect of petitioner's abusive childhood on his mental health was reasonable in the circumstances and counsel did not fail to act while potentially powerful mitigating evidence stared him in the face. View "Kemp v. Kelley" on Justia Law

The Eighth Circuit affirmed defendant's conviction for possession with intent to distribute cocaine and cocaine base, and being a felon in possession of a firearm. The court held that probable cause supported the issuance of a warrant to place a GPS tracker on defendant's vehicle; the district court did not err by denying defendant's request for a Franks hearing or his request to compel the disclosure of the identities of confidential informants and tipsters; the evidence was sufficient to convict defendant of the crimes; and the district court properly admitted statements from defendant's recorded post-arrest phone calls as evidence of the direct consciousness of guilt. View "United States v. Bradley" on Justia Law

The Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to the receipt, possession, and attempted distribution of child pornography. The court held that the district court did not procedurally err by imposing a life term of supervised release, because the district court considered the 18 U.S.C. 3553(a) factors to both defendant's terms of imprisonment and supervised release. Furthermore, the district court's brief explanation of defendant's sentence, including the term of supervised release, was not plainly erroneous.The court also affirmed the special conditions of supervised release, holding that the prohibition on possessing pornographic materials, restrictions on possession of a computer or like device, and restrictions on creation of a social media account on sites which allow access by minors or exchange of sexually-explicit materials did not result in greater deprivation of liberty than reasonably necessary. Although the district court plainly erred by failing to make any effort to support the challenged conditions (or any other special condition) with individualized findings, the reasons for the challenged conditions were sufficiently evident from this record. View "United States v. Carson" on Justia Law

The Eighth Circuit affirmed defendant's conviction for Hobbs Act robbery, brandishing a firearm during and in relation to a crime of violence, and unlawful possession of a firearm as a previously convicted felon. The court held that the district court did not abuse its discretion by admitting a video of defendant wearing clothing worn by the person who committed the armed robbery, because the evidence was relevant and tended to make it more probable that defendant committed the robbery. Therefore, the evidence was properly admitted as relevant non-character evidence under Federal Rule of Evidence 401 and 402. Likewise, still photos showing defendant wearing the clothing were properly admitted. The court also held that a Hobbs Act robbery is a crime of violence for purposes of 18 U.S.C. 924(c). Consequently, the district court did not err by denying defendant's motion to dismiss the charge of brandishing a firearm during and in relation to a crime of violence. View "United States v. Conner" on Justia Law