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

Defendant was charged in a five-count indictment with attempted bank robbery involving assault with a dangerous weapon. The district court found Defendant guilty of the five offenses and sentenced him to 230 months imprisonment. Defendant appealed his conviction, arguing the evidence was insufficient to convict him of any offense; the district court erred in denying his motion to suppress involuntary custodial statements he made to an FBI agent; and the district court erred by failing to include the term “knowingly” in reciting the elements of the Count II, III, and IV offenses when explaining its decision during a post-trial hearing.   The Eighth Circuit affirmed. The court explained that the district court considers the evidence submitted at trial and makes findings of fact and conclusions of law in determining whether the government has proved the offenses charged in the indictment beyond a reasonable doubt. Here, the indictment charged that Defendant “knowingly” brandished and used a pistol during and in relation to a crime of violence (Count II), “knowingly” discharged and used a pistol during and in relation to a crime of violence (Count III), and “knowingly” discharged and used an AR-15 rifle during and in relation to a crime of violence (Count IV). The court explained that neither filed a post-trial motion challenging the court’s findings and conclusions even though stand-by counsel was granted a one-month extension of time to do so. The evidence that Defendant committed these three offenses “knowingly” was overwhelming. There was no error, plain or otherwise. View "United States v. Jacob Monteer" on Justia Law

Defendant, a native and resident of Iowa, was convicted in the United States District Court for the District of Columbia of possessing child pornography. He was sentenced to 120 months imprisonment and 240 months supervised release. In January 2022, the district court revoked supervised release after Defendant admitted to viewing pornography on computers at public libraries in Des Moines, which violated conditions of his supervised release and Iowa Sex Offender Registry requirements. The court imposed a revocation sentence of 14 months imprisonment followed by 19 years of supervised release. The district court revoked supervised release and imposed a revocation sentence of 24 months imprisonment followed by 19 years supervised release. Defendant appealed, arguing the revocation sentence is substantively unreasonable.   The Eighth Circuit affirmed. The court explained that the district court expressly acknowledged Defendant’s need for sex offender treatment and agreed to recommend that Defendant be confined in a BOP facility that has treatment programming. The court considered the relevant 18 U.S.C. Section 3553(a) sentencing factors and carefully explained its decision to give greater weight to protecting the community from a high-risk offender with a long criminal history that included hands-on sexual abuse of young children than to the possibility that the needed treatment would be less available or less effective in prison. Accordingly, the court held that the district court did not abuse its discretion. View "United States v. Nicholas Jackson" on Justia Law

Defendant used fake deeds to gain possession of three houses. On appeal, Defendant challenged the loss calculation but began by disputing the sufficiency of the evidence underlying his identity theft convictions.   The Eighth Circuit affirmed in part, reversed in part, and remanded. Defendant argued that the government said too much in the closing argument. According to Defendant, two of the prosecutor’s statements qualify. The court explained that the prosecutor’s comment was a fleeting reference that immediately followed an accurate statement of the government’s burden—proof beyond a reasonable doubt— and the district court repeatedly instructed the jury that the burden was on the government.   However, the court explained that while Defendant’s convictions stand, his 41-month sentence cannot. For identity theft and other property crimes, the recommended sentencing range depends in part on the amount of the “actual” or “intended” losses from the crime. Defendant ended up with a total offense level of 22 and a range of 41 to 51 months in prison. The court explained that on remand, the district court must adopt “a reasonable estimate of the” fair market value at the time of the transfer, either by using a measure that reflects the value at that point or by accounting for Defendant’s post-fraud improvements and market changes during the intervening period. View "United States v. Arondo Harris" on Justia Law

After Defendant violated the conditions of his supervised release, the district court sentenced him to 24 months in prison even though the Sentencing Guidelines recommended 5–11 months. He maintains that the district court failed to explain the sentence adequately and imposed a substantively unreasonable sentence.   The Eighth Circuit affirmed. The court explained that when explaining a sentence, a court need only set forth enough to satisfy us that it considered the parties' arguments and had a reasoned basis for exercising its legal decision-making authority. The district court provided ample reason for imposing an upward variance, including the fact that Defendant stayed at the sober-living house only briefly, previously received leniency, frequently violated court orders, and absconded for months on end. The court explained that the court isn't required to discuss or recite each statutory sentencing consideration before imposing a sentence; when, as here, the court mentions some of them, we presume it is aware of them all. View "United States v. Lamar Bertucci" on Justia Law

Defendant was stopped by police, at which point they found narcotics and a BB gun. Defendant later pleaded guilty to possession of a controlled substance with intent to distribute, At sentencing, the district court applied a two-level enhancement under USSG 2D1.1(b)(1) based on Defendant's possession of a BB gun. Defendant appealed.On appeal, the Eighth Circuit held that the district court did not err in applying a two-level enhancement for possession of a BB gun because the gun qualifies as a dangerous weapon as it is capable of causing serious bodily injury. The question is not whether the BB gun closely resembled an instrument that was capable of inflicting death or serious bodily injury, because the BB gun is actually capable of inflicting death or serious bodily injury. View "United States v. Robert Shelton" on Justia Law

Defendant was charged with being a felon in possession of a firearm in July and November 2020 and March 2021. Defendant pleaded guilty to Count 3, admitting he drove a stolen vehicle in March 2021 and was arrested when he fled from the vehicle with two loaded firearms. The government agreed to dismiss the other two counts. Defendant admitted he possessed the firearm on the dates charged in the other counts, which was relevant for sentencing purposes. However, Defendant did not agree with the government's proposed four-level increase because he possessed a firearm “in connection with another felony offense."At sentencing, the district court overruled Defendant's objection and imposed the four-level increase, resulting in an advisory guidelines sentencing range of 130 to 162 months imprisonment. Defendant appealed his 120-month sentence.On appeal, the Eighth Circuit disregarded the alleged inaccuracies within the PSR, finding that Defendant waived the issue by failing to object or raise the issue in a timely manner. Considering the undisputed evidence, then, the court found that the district court's position findings were reasonable. View "United States v. Orlando Gray" on Justia Law

A jury convicted Defendant and co-Defendant of conspiracy to distribute 400 grams or more of mixtures and substances containing a detectable amount of fentanyl, as well as individual counts of possession with intent to distribute 40 grams or more of a mixture and substance containing a detectable amount of fentanyl. Co-Defendant was convicted of being a felon in possession of a firearm. Both defendants appealed, arguing that the district court erred in denying their request for a jury instruction on multiple conspiracies. Co-defendant contends that the district court erred by ordering him to be handcuffed and shackled throughout the trial and by admitting into evidence portions of a post-arrest interview. Defendant argued that the evidence was insufficient to support his possession with intent to distribute conviction.   The Eighth Circuit affirmed. The court explained that the lack of any substantial prejudice stemming from the absence of a multiple-conspiracies instruction and the presence of sufficient single-conspiracy supporting evidence leads the court to conclude that no reversible error occurred with respect to the drug quantity finding. Further, the court wrote that given co-Defendant’s noncompliant behavior in jail and during transport, the district court acted well within its discretion by ordering that co-Defendant be shackled and handcuffed during trial and by taking appropriate precautions to minimize any prejudice to co-Defendant. View "United States v. Kevin Green" on Justia Law

Defendant’s mother called local dispatch and said an officer needed to come by because her son was “acting up.” A Bureau of Indian Affairs Officer was dispatched to the home, learning on the way that Defendant had an active tribal arrest warrant. Defendant’s mother invited Defendant into the living room and told Defendant to join them. The officer told Defendant he was “going to have to take you because you got that warrant.” Defendant fled to the garage, pursued by the officer, where Defendant knocked the officer down and escaped. Defendant was charged with forcibly assaulting, resisting, opposing, impeding, intimidating, or interfering with a federal officer and inflicting bodily injury. The jury convicted him of the lesser included offense of forcible assault of a federal officer involving physical contact. The district court sentenced Defendant to 44 months’ imprisonment. He appealed, raising numerous evidentiary issues and challenging the assessment of a two-level sentencing increase.
The Eighth Circuit affirmed. The court explained that here, the amicable conversation -- dominated by Defendant-- occurred in his mother’s home, a non-custodial atmosphere. The officer testified he did not know what the warrant was based on. Defendant fled only after the officer later told him he would be arrested, confirming that Defendant initially believed or at least hoped that he could avoid immediate arrest. Further, the court explained that even if Defendant was in custody, follow-up questions to clarify ambiguity do not amount to “interrogation” unless “their point is to enhance the defendant’s guilt.” The court concluded the district court did not err in denying Defendant’s motion to suppress. View "United States v. Jade LaRoche" on Justia Law

Defendant was convicted of distributing morphine within 1,000 feet of a school. He was sentenced to 262 months imprisonment followed by 6 years of supervised release. Defendant began supervised release in September 2021. He was arrested and charged in Iowa state court with Domestic Abuse Assault for pushing his fiancée into a wall while inebriated. His fiancee requested a no-contact order, The United States Probation Office filed a petition to revoke supervised release that day. Probation filed an amended petition to revoke supervised release. He now appealed the revocation sentence, arguing the district court erred in imposing an overly broad no-contact order restricting communication between Defendant and his fiancée. At the end of the hearing, the court stated it would modify Special Condition 8. The court directed Probation to prepare and circulate revised language to counsel for both parties and stated, “If the parties object when it’s finally written out, please let me know, and we’ll try to arrive at appropriate wording.” Defendant made no objection to the final wording of Special Condition 8, either before or after Judgment was entered.   The Eighth Circuit affirmed. The court explained Defendant, with a long history of alcohol abuse, admitted he assaulted his fiancee while he was literally falling down drunk. By limiting contact, Special Condition 8 seeks to protect the victim from further harm. Fiancee had requested a no-contact order from the state court, subject to a specific exception the district court incorporated in Special Condition 8. View "United States v. Paul Swehla" on Justia Law

A jury convicted Defendant of one count of aggravated sexual abuse of a child under the age of 12 and one count of abusive sexual contact. He appeals, challenging two evidentiary rulings at trial and the restitution order.   The Eighth Circuit affirmed Defendant’s convictions but remanded to the district court for further proceedings to resolve the parties’ disputes about the amount, if any, of restitution owing. The court wrote that the government argued that restitution for lost wages was mandatory under 18 U.S.C. Section 2248 and that the amount was supported by documentation submitted in advance of sentencing. The district court did not hold a hearing. Instead, it entered an order that stated that it had “reviewed the presentence report concerning restitution” and the parties’ briefs and found that “the government’s requested restitution is authorized by law and is unrebutted by any evidence.” The court explained that the burden lies with the government to “demonstrate[e] the amount of the loss sustained by a victim as a result of the offense.” Without any findings from the district court to resolve Defendant’s objections, the court wrote that it was unable to review whether the government met its burden of establishing restitution by a preponderance of the evidence. View "United States v. Warren Mackey" on Justia Law