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

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

After Defendant pleaded guilty to being a felon in possession of a firearm, the district court designated him an armed career criminal and sentenced him to 180 months in prison. Defendant appealed, arguing that his predicate offenses were not committed on different occasions, a requirement for the armed career criminal sentencing enhancement. Alternatively, Defendant argued that the Sixth Amendment required a jury to find that he committed his predicate offenses on different occasions.   The Eighth Circuit affirmed. Defendant’s PSR shows a 2004 burglary conviction and two 2006 battery convictions. According to charging documents, the battery offenses involved different victims and occurred on different days, one on or about March 8 and the other on or about March 11. Defendant argued that the 2006 convictions were committed on the same occasion because he was arrested and convicted on the same dates for both offenses. The court explained that the multi-day gap separating the battery offenses strongly supports a finding that Defendant committed them on different occasions. Accordingly, the court held that all things considered, the district court did not err when it concluded that Defendant committed his prior offenses on different occasions. View "United States v. Christopher Stowell" on Justia Law

Defendant was indicted on three counts of drug possession with intent to distribute. On the morning of the trial, he decided to plead guilty to two of them in exchange for dismissal of the third. The district court performed the usual change-of-plea colloquy. Defendant said that his mind was “crystal clear” and that he was not on any medications or drugs. Yet some of his responses showed hesitation. He said he had little time to go over the plea agreement with his lawyer and felt rushed. On top of that, he regretted not taking an earlier plea offer made while his mother’s recent death weighed heavily on him. Still, the court found Defendant competent to proceed with his proposed plea and confirmed that he was satisfied with his attorney. On appeal, Defendant argued that the district court violated his Sixth Amendment right to counsel at sentencing when it allowed his lawyer to withdraw, neglected to appoint another one, and failed to warn Defendant about the risks of proceeding on his own.   The Eighth Circuit dismissed his appeal, finding that Defendant waived his right to challenge these issues. The court explained that recognizing the validity of appeal waivers provides defendants with an important bargaining chip. The court wrote that applying the miscarriage-of-justice exception here would weaken that presumption of validity and reduce Defendant's bargaining power. As such, the court found that in this case, there is a valid appeal waiver and no showing that a miscarriage of justice would result from its enforcement. View "United States v. Rashaun Williams" on Justia Law

Defendant and co-Defendant were convicted of conspiracy to distribute methamphetamine and, conspiracy to commit money laundering, and possession of firearms in furtherance of a drug trafficking crime. Co-Defendant was also convicted of illegal re-entry. Defendant challenged the sufficiency of the evidence against her, and co-Defendant contends the district court abused its discretion when it refused to allow witnesses who are Mexican nationals to testify by Zoom and admitted evidence of an unrelated assault with a firearm.   The Eighth Circuit affirmed in part and reversed in part the district court’s denial of Defendant’s motion for judgment of acquittal and vacated her conviction for conspiracy to commit money laundering. The court reversed the district court’s denial of Defendant’s motion for a new trial on the drug trafficking and firearms counts and remanded for proceeding. The court affirmed with respect to co-Defendant. The court explained that it is unable to determine whether the district court abused its discretion by not considering a matter that should have been given significant weight by giving significant weight to something improper or irrelevant or if it committed a clear error of judgment. Therefore, the court remanded to the district court for consideration of Defendant’s motion for a new trial as it relates to the drug trafficking conspiracy and related firearms count. View "United States v. Maria Nava" on Justia Law