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

A police officer in Des Moines, Iowa attempted to stop a vehicle driven by Dylan Pettyjohn for lacking license plates or a temporary registration. Pettyjohn fled, leading the officer on a high-speed chase through a residential area before crashing. He then ran from the vehicle, discarding a loaded revolver and a fanny pack containing 54 fentanyl pills, $389 in small bills, marijuana, and about 85 grams of methamphetamine. A search of his vehicle yielded a digital scale with white residue, more marijuana, and shell casings. Pettyjohn was arrested, and a federal grand jury indicted him on multiple counts related to drug possession with intent to distribute, possession of a firearm in furtherance of a drug trafficking crime, and being a felon in possession of a firearm.The United States District Court for the Southern District of Iowa denied Pettyjohn’s motion to dismiss the felon in possession charge, rejecting his argument that 18 U.S.C. § 922(g)(1) violated the Second Amendment. The court also allowed limited admission of his prior felony convictions for impeachment purposes, after an agreement between Pettyjohn and the government. At trial, Pettyjohn moved for acquittal based on insufficient evidence, but the district court found the evidence sufficient and denied the motions. The jury found Pettyjohn guilty on all counts, and the court sentenced him to 300 months’ imprisonment.On appeal, the United States Court of Appeals for the Eighth Circuit reviewed the sufficiency of the evidence de novo, affirmed the district court’s evidentiary rulings under Rules 404(b) and 609, and upheld the constitutionality of § 922(g)(1) based on circuit precedent. The Eighth Circuit held that the evidence was sufficient to support the convictions, the district court did not abuse its discretion in admitting prior conviction evidence, and § 922(g)(1) is constitutional. The judgment of the district court was affirmed. View "United States v. Pettyjohn" on Justia Law

Devon Holt was charged with being a felon in possession of a firearm after investigators obtained a warrant to search his Facebook account and found posts and messages referencing firearms. These included statements suggesting he was carrying a firearm and expressing motives related to self-protection and respect. Holt pleaded not guilty, and his case proceeded to trial. He objected to the admission of this Facebook content, arguing it was prejudicial, but the district court admitted some of the posts for the limited purpose of showing knowledge and motive, instructing the jury accordingly. The jury convicted Holt.The United States District Court for the District of Minnesota sentenced Holt to 42 months’ imprisonment, slightly above the minimum of the guideline range. Holt argued for a lower sentence, citing difficult pretrial detention conditions and uncertainty before sentencing. The district court explained its reasoning in detail, acknowledging both aggravating and mitigating factors, including Holt’s positive use of his time in jail. Holt then appealed, challenging both the admission of the Facebook evidence and the adequacy of the sentencing explanation.The United States Court of Appeals for the Eighth Circuit reviewed the district court’s evidentiary and sentencing decisions. It held that the Facebook content was properly admitted under Federal Rule of Evidence 404(b) because it was relevant to issues of Holt’s knowledge and motive and was not unfairly prejudicial. The appellate court also found that the district court gave a sufficiently detailed explanation for its sentencing decision, considered the relevant factors, and imposed a substantively reasonable sentence. Consequently, the Eighth Circuit affirmed both the conviction and the sentence. View "United States v. Holt" on Justia Law

Raphael Nunn was convicted of kidnapping, bank fraud, and aggravated identity theft based on three incidents involving separate victims. In the first incident, Nunn robbed C.L. at gunpoint and stole her purse, later using her bank cards for unauthorized purchases. The second incident involved the theft of J.T.’s backpack, which contained her bank cards, subsequently used without her permission. In the third incident, Nunn kidnapped S.E. from a parking garage, forced her to withdraw cash from a bank, and left her at a park. Law enforcement identified Nunn as the perpetrator in all three cases and arrested him.Prior to trial in the United States District Court for the District of Minnesota, Nunn moved to suppress statements made during a custodial interview, arguing he had invoked his right to counsel. The magistrate judge denied the motion, finding the invocation ambiguous, and the district court adopted this ruling. At trial, the government introduced Nunn’s interview statements and allowed C.L. to make a spontaneous in-court identification, to which Nunn did not object. The jury found Nunn guilty on all counts. The Presentence Investigation Report calculated an advisory guidelines range of 168 to 210 months plus a 24-month mandatory minimum. The district court varied upward, citing Nunn’s lengthy criminal history and imposed a total sentence of 288 months.On appeal, the United States Court of Appeals for the Eighth Circuit affirmed the conviction and sentence. The court held that the district court did not clearly err in denying the motion to suppress because Nunn’s statement was not an unambiguous invocation of his Miranda rights. The admission of C.L.’s in-court identification did not constitute plain error. Additionally, the district court did not abuse its discretion in imposing an above-guidelines sentence, properly weighing both aggravating and mitigating factors. View "United States v. Nunn" on Justia Law

Two individuals from Colorado, involved in drug trafficking, drew law enforcement attention while driving through South Dakota. After a high-speed chase ended on the Pine Ridge Indian Reservation, their vehicle ran low on gas. When they stopped, an FBI victim specialist, returning from a work assignment in an official vehicle, stopped to offer assistance. The defendants carjacked him at gunpoint, forced him into the backseat, and drove to a gas station. The victim escaped, and the defendants later abandoned the stolen vehicle. Both men were subsequently arrested in Colorado. The government brought multiple charges, including kidnapping a federal officer, carjacking, using a firearm during a crime of violence, and illegal firearm possession.The United States District Court for the District of South Dakota oversaw their joint trial. The court denied Morales’s motions to sever the trials and to obtain the victim’s medical records. It allowed limited portions of a codefendant’s confession and evidence of other drug activity, some as intrinsic and some as extrinsic under Federal Rule of Evidence 404(b). Both defendants were convicted on all counts by a jury and received lengthy sentences. The district court applied enhancements and upward variances based on the facts found at sentencing.On appeal, the United States Court of Appeals for the Eighth Circuit reviewed several trial and sentencing issues. It held that the district court did not abuse its discretion in denying severance or in admitting the challenged evidence. The court found that any error in failing to give a limiting instruction regarding the confession did not affect the outcome. The court concluded the evidence was sufficient to support all convictions, including the statutory elements of kidnapping a federal officer and using a firearm. The Eighth Circuit affirmed the sentences, finding no clear or obvious error with the enhancements or the upward variance. Accordingly, the court affirmed the district court’s judgments. View "United States v. Alvarez-Sorto" on Justia Law

In early 2023, law enforcement in Sioux City, Iowa, used a confidential informant, MS, to investigate methamphetamine distribution. MS identified AP as a supplier, who, in turn, sourced methamphetamine from a man known as “Arkansas,” believed to be Johnnie A. Cannon. Through three controlled buys, investigators observed Cannon’s involvement: he was seen at AP’s residence during each transaction, and physical evidence—including serialized cash from a controlled buy—was seized from him. During a post-arrest interview, Cannon admitted to distributing methamphetamine, including to AP.The United States District Court for the Northern District of Iowa presided over Cannon’s trial. Cannon’s counsel made several motions and challenges at trial, including a Batson challenge regarding jury composition, a motion for judgment of acquittal, and motions for a new trial and arrest of judgment. The district court denied these motions. A jury found Cannon guilty of conspiracy to distribute methamphetamine and three counts of distribution and aiding and abetting distribution. The court sentenced him to 262 months’ imprisonment for these convictions and revoked his supervised release from a prior conviction, imposing an additional 37 months.On appeal, Cannon argued before the United States Court of Appeals for the Eighth Circuit that his Sixth Amendment right to a jury drawn from a fair cross-section was violated, that the admission of his prior conviction was improper under Rule 404(b), that there was insufficient evidence to support his convictions, and that he received ineffective assistance of counsel. The Eighth Circuit held that Cannon’s cross-section jury claim lacked evidence of systematic exclusion, affirmed the admission of his prior conviction as relevant under established precedent, found the trial evidence sufficient to sustain the convictions, and declined to consider the ineffective assistance claim on direct appeal. The court affirmed both the convictions and the revocation of supervised release. View "United States v. Cannon" on Justia Law

Late on January 10, 2022, Kansas City police officers stopped a pickup truck with a broken headlight and expired license plate. The driver, Alonzo Miller, was not the vehicle’s owner and could not provide proof of insurance. The officers recognized the area Miller had driven from as one known for criminal activity. During the stop, Miller exhibited nervous behavior. A computer check revealed Miller was on probation and parole for a violent felony involving a firearm. The officers, noting a significant age difference between Miller and his passenger and the late hour, suspected possible illicit activity. After Miller mentioned “something under there” when asked about illegal items and consented to a vehicle search, the officers asked him to step out. Miller behaved unusually, triggering further suspicion. As an officer attempted a frisk, Miller resisted, and a firearm discharged from his coat pocket. Miller was arrested and later indicted for being a felon in possession of a firearm.The United States District Court for the Western District of Missouri denied Miller’s motion to suppress evidence from the stop and search. The magistrate judge found the stop lawful, that Miller’s consent to search was voluntary, and that the officers had reasonable suspicion to extend the stop and frisk Miller based on the totality of the circumstances—including Miller’s criminal history, behavior, and responses during the encounter. The district court adopted these findings. Miller then entered a conditional guilty plea, preserving his right to appeal the suppression ruling.The United States Court of Appeals for the Eighth Circuit reviewed the denial of Miller’s suppression motion, applying de novo review to legal conclusions and clear error review to factual findings. The court held that, under the totality of the circumstances, the officers had reasonable suspicion to extend the stop, request consent to search the vehicle, and frisk Miller. The judgment of the district court was affirmed. View "United States v. Miller" on Justia Law

A woman who immigrated from Vietnam to the United States and became active in the Vietnamese community in Sioux City, Iowa, organized a campaign in 2020 to assist Vietnamese Americans—many of whom had limited English proficiency and were unfamiliar with the U.S. election system—in registering to vote and casting absentee ballots. Her efforts were not solely for civic engagement; she hoped these voters would support her husband, who was a candidate in the election. She facilitated the process by providing forms, translating, and returning completed documents to the county auditor. However, she also engaged in fraudulent conduct by instructing family members to complete and submit voting documents for absent adult children, and in some cases, she filled out and signed the forms herself. In total, she submitted 26 documents with forged signatures. The county auditor became suspicious and contacted the FBI, leading to her arrest and indictment on 52 counts of voter fraud under two federal statutes.The United States District Court for the Northern District of Iowa presided over her trial. The court used model jury instructions that did not require the jury to find that she knew her conduct was illegal or that the children did not consent to her actions, despite her request for such an instruction. The jury found her guilty on all counts, and her motion for judgment of acquittal was denied.On appeal, the United States Court of Appeals for the Eighth Circuit reviewed whether the jury instructions accurately reflected the law and whether the evidence was sufficient to support the convictions. The court held that the instructions properly conveyed the required mental states—knowledge and willfulness—and did not need to require knowledge of the specific law violated. The court also found the evidence sufficient for conviction, including for counts involving equivocal testimony, based on the defendant’s pattern of conduct. The Eighth Circuit affirmed the district court’s judgment. View "United States v. Taylor" on Justia Law

Federal agents traced downloads of prepubescent child pornography to an IP address at Benjamin Tyler Gentry’s residence in Boone, Iowa. During a search of the home, officers seized electronic devices and firearms. Forensic analysis of a Samsung tablet revealed 181 deleted images of child pornography, stored locally between January 2020 and just before the device was seized. Applications on the tablet were linked to Gentry’s email, and search history included terms related to child pornography. Gentry admitted to downloading pornography involving minors as young as 14.A grand jury in the United States District Court for the Southern District of Iowa indicted Gentry on three counts related to receipt and possession of child pornography, and one count of being a felon in possession of a firearm. Gentry pleaded guilty to the firearm charge, and the child pornography charges proceeded to a jury trial. After the government’s case, Gentry moved for judgment of acquittal, arguing insufficient evidence of his knowledge regarding the images. The district court denied the motion, and the jury convicted Gentry on all child pornography counts. Post-trial, Gentry again moved for acquittal and a new trial, challenging the sufficiency of evidence for knowing receipt; both motions were denied. The court dismissed two possession convictions as lesser included offenses and sentenced Gentry to 168 months.On appeal to the United States Court of Appeals for the Eighth Circuit, Gentry argued for the first time that the government failed to prove venue for the receipt offense in the Southern District of Iowa. The Eighth Circuit held that Gentry affirmatively waived any objection to venue by not raising it at trial or in post-trial motions. The court declined to review the venue issue and affirmed the district court’s judgment. The main holding is that a defendant who fails to raise a venue objection at trial waives the issue, precluding appellate review. View "United States v. Gentry" on Justia Law

Darrell Sanders was arrested after two separate incidents in Kirkwood, Missouri, where he approached two minor girls, C.B. and P.H., near an elementary school. Sanders circled the school in his minivan, asked C.B. to see her feet, and invited P.H. to his van, making a suggestive statement. Upon arrest, Sanders admitted to having sexual thoughts about children, acknowledged his interactions with the girls made him feel excited and scared, and confessed to possessing and viewing child pornography on the same day as the incidents. A search of his devices revealed multiple images and videos of child pornography.The United States District Court for the Eastern District of Missouri accepted Sanders’s guilty plea to receipt and possession of child pornography. At sentencing, the court applied a five-level increase under the United States Sentencing Guidelines for engaging in a pattern of activity involving the sexual abuse or exploitation of a minor, based on Sanders’s conduct with C.B. and P.H. The court determined an advisory guideline range of 121 to 151 months and sentenced Sanders to 132 months’ imprisonment. Sanders objected to the application of the enhancement and to certain factual statements in the presentence report, but the district court overruled his objections.The United States Court of Appeals for the Eighth Circuit reviewed the district court’s factual findings for clear error and its application of the guidelines de novo. The appellate court held that the district court did not clearly err in finding that Sanders’s conduct constituted attempted enticement of a minor under Missouri law, supporting the five-level enhancement. The court also found that any factual error in the presentence report was harmless and did not affect the outcome. The Eighth Circuit affirmed the judgment and sentence imposed by the district court. View "United States v. Sanders" on Justia Law

Edwin Diaz was stopped by law enforcement in Ida Grove, Iowa, after Deputy Clausen observed his truck parked with only one working headlight, broken taillights, and impeding traffic. Upon approaching the vehicle, Clausen smelled marijuana and saw Diaz drop an item later identified as methamphetamine. Diaz and his passenger, Mikaela Breen, were arrested and charged with state drug offenses. Days later, Breen reported to police that Diaz had coerced her into signing a statement taking responsibility for the drugs found in the truck. Based on Breen’s account and Diaz’s criminal history, law enforcement obtained a warrant to search Diaz’s residence, where they found drugs, paraphernalia, and a firearm.The United States District Court for the Northern District of Iowa reviewed Diaz’s motion to suppress evidence from both the truck and home searches. The magistrate judge recommended denying the motion, finding that the truck search was lawful due to probable cause from observed traffic violations and the smell of marijuana, and that the good faith exception applied to the home search despite questions about the warrant’s nexus to the residence. The district judge agreed that the truck search was justified by probable cause and that the good faith exception protected the home search evidence, even though the warrant affidavit did not establish a sufficient nexus between the drugs and Diaz’s home.On appeal, the United States Court of Appeals for the Eighth Circuit affirmed the district court’s denial of the suppression motion. The court held that the initial encounter with Diaz was supported by reasonable suspicion and probable cause due to multiple traffic violations and the odor of marijuana, justifying the truck search. For the home search, the court found that the Leon good faith exception applied because it was not entirely unreasonable for officers to believe that a drug dealer would store contraband at his residence, even if the warrant affidavit lacked a direct nexus. The judgment was affirmed. View "United States v. Diaz" on Justia Law