Justia U.S. 8th Circuit Court of Appeals Opinion Summaries
Articles Posted in Criminal Law
United States v. D. B.
D.B., a juvenile and an enrolled member of the Oglala Sioux Tribe, pleaded guilty to one count of first-degree burglary pursuant to a plea agreement. The district court sentenced him to 12 months of official detention followed by a three-year term of juvenile delinquent supervision. D.B. appeals, arguing that his federal juvenile delinquency proceedings should have been dismissed because he was not afforded a speedy trial as required by the Federal Juvenile Delinquency Act (FJDA), and that his sentence is unreasonable.
The Eighth Circuit affirmed. The court explained it need not resolve whether D.B.’s speedy trial rights under the FJDA were violated because D.B. waived his right to appeal that issue as part of his plea agreement. Further, D.B. does not assert that his sentence is unlawful or that his counsel was ineffective. His sentence likewise did not violate the terms of his plea agreement. Although the district court declined to adopt the parties’ joint recommendation for a sentence of probation, the agreement cautioned that this recommendation was not binding on the district court. And that warning was expressly reiterated to D.B. during his change-of-plea hearing. Accordingly, the court concluded that the sentence imposed by the district court here was not plainly unreasonable. View "United States v. D. B." on Justia Law
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Constitutional Law, Criminal Law
United States v. Lonnie Perry
A jury convicted Defendant of interference with commerce by robbery, possessing and brandishing a firearm in furtherance of a crime of violence, and discharging a firearm in furtherance of a crime of violence. The district court sentenced him to 274 months in prison. He appeals his conviction. Defendant claims the district court erred by allowing the forensic examiner to testify as an expert on firearm and bullet identification.
The Eighth Circuit affirmed. The court held that the examiner’s degrees and training gave her competence for the subject area of her testimony. The district court did not abuse its discretion in allowing her to testify as an expert. Further Defendant challenged element 1, arguing the evidence was insufficient to prove he robbed the Select Mart and the VP Racing Station because no one identified him as the robber. But “courtroom identification is not necessary when the evidence is sufficient to permit the inference that the defendant on trial is the person who committed the acts charged. However, the court explained that the court reverses a conviction, including one based on circumstantial evidence, “only if no construction of the evidence exists to support the jury’s verdict.” Here, the evidence included video footage and still photos from Select Mart’s security camera and a detailed account of how investigators found Defendant’s fingerprints on the store’s door handle. View "United States v. Lonnie Perry" on Justia Law
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Criminal Law
United States v. James Rutledge
Defendant entered a conditional plea of guilty to conspiracy to distribute a controlled substance and possession of a firearm. He reserved the right to appeal the denial of his motion to suppress drugs and a gun seized from his rental vehicle after a traffic stop and incriminating statements he made later that day. On appeal, Defendant argued the district court erred because police officers did not have an objectively reasonable basis to believe he committed a traffic violation and then unconstitutionally expanded the stop while a drug dog sniffed the exterior of the vehicle.
The Eighth Circuit affirmed. The court explained that here, given the undisputed facts regarding the length of the stop, particularly its short duration, and the reasons given for the time it took to almost complete the purpose of the stop before the narcotics dog alerted to the rear of the driver’s side, the district court did not err in concluding that the Sergeant did not unlawfully prolong the stop before the dog alert gave the officers probable cause to arrest Defendant and search the vehicle. Further, the court held that there was no Fourth Amendment violation before Defendant made incriminating statements after being given Miranda warnings. Thus, the district court properly rejected his argument that the statements should be suppressed as fruit of a poisonous tree. View "United States v. James Rutledge" on Justia Law
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Constitutional Law, Criminal Law
United States v. Eric Ladeaux
A jury convicted Defendant of two counts of felon-in-possession and one count of possessing an unregistered firearm. Defendant brought three challenges. First, he argues that Standing Order 19-03 and Standing Order 16-043 denied him his constitutional right to prepare for trial. Second, he claims the district court erred in declining to give his requested jury instruction on duress and coercion. Finally, he challenges the evidentiary sufficiency of his conviction.
The Eighth Circuit. The court held that because Defendant did not show the absence of legal alternatives to firearm possession, the district court did not abuse its discretion in declining to instruct the jury on coercion/duress. Further, the court reasoned that Defendant’s own statements support the verdict. Although he was one of many passengers in the car that held the gun, he told officers that he “wouldn’t charge the other passengers with the gun” and joked that he might have held the other passengers hostage with a “12-gauge.” Officers testified that Defendant had never been told that a gun was found in the car, much less that it was a 12-guage. Police found the sawed-off shotgun under the passenger seat where Defendant sat. The gun’s stock was positioned toward him, bullets at his feet. Defendant’s knowledge that the car held a 12-gauge shotgun, the gun’s position, and his proximity to it support an inference that he knowingly possessed the gun. View "United States v. Eric Ladeaux" on Justia Law
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Constitutional Law, Criminal Law
United States v. Bennett Belt
A jury convicted Defendant of sexual abuse and aggravated sexual abuse of one child and abusive sexual contact and aggravated sexual abuse (two counts) of another child. The district court sentenced him to 32 years in prison. Defendant appealed, arguing the court erred in admitting expert testimony about statistical studies of victims of child sexual abuse. Defendant argued the expert’s testimony improperly bolstered and vouched for the victims, rendering the trial fundamentally unfair
The Eighth Circuit affirmed. The court explained that the expert did not offer any information or opinion specific to this case. She repeatedly acknowledged she was not testifying whether sexual abuse occurred or whether the two victims were telling the truth. She testified only generally about child sexual abuse and victim statistics, based on her general knowledge of studies and her experience with hundreds of children she had interviewed. Further, the jury was specifically instructed that it must decide the case based on the evidence presented. The jury is presumed to follow all instructions. Thus, the district court did not commit error that was plain by allowing the expert’s testimony. View "United States v. Bennett Belt" on Justia Law
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Constitutional Law, Criminal Law
United States v. Enrique Abarca
A jury convicted Defendant of conspiracy to distribute 500 grams or more of methamphetamine with two prior serious drug felonies. The district court sentenced him to 324 months in prison. Defendant appealed, arguing that the district court erred in admitting Rule 404(b) testimony from a man who was not involved in the charged conspiracy but began selling meth with Defendant three months after the conspiracy ended.
The Eighth Circuit affirmed. The court explained that the government failed to give the notice required under Fed. R. Evid. 404(b)(3). But under a plain error standard of review, the error did not affect Defendant’s substantial rights. The evidence of his participation in the conspiracy was robust. And, as he concedes, many witnesses had already testified about his drug connections to California.
Further, Defendant argued the testimony, particularly about him exchanging guns for drugs, was unduly prejudicial because it “changed a non-violent, alleged conspiracy into a hyper-violent one.” However, the court held that the evidence, particularly with the court’s limiting instruction, was not unduly prejudicial. Moreover, four cooperating witnesses and co-conspirators testified that Defendant brought and shipped meth into Nebraska for redistribution. Their testimony was further corroborated by a package (intercepted by law enforcement) with about five pounds of meth; Postal Service records of packages sent; records of wire transfers sent to California; phone records; and records of drug sales kept by a cooperating witness. Accordingly, there was sufficient evidence to support the verdict. View "United States v. Enrique Abarca" on Justia Law
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Constitutional Law, Criminal Law
United States v. Charleton Maxwell
Defendant was convicted of one count of conspiracy to distribute 50 grams or more of methamphetamine or 5 grams or more of actual, pure methamphetamine, two counts of distribution of heroin, and one count of distribution of heroin and methamphetamine. On appeal, he challenged the district court’s denial of his motion for a new trial based on the introduction of a stipulation as to his codefendant’s prior conviction, its refusal to give his requested jury instructions, and the sufficiency of the evidence on the conspiracy count. He also challenged the district court’s calculation of his advisory sentencing guidelines range.
The Eighth Circuit affirmed. The court held that the district court did not abuse its discretion in allowing the stipulation to be introduced or in rejecting Defendant’s proposed jury instructions, and there was sufficient evidence to convict him of conspiracy to distribute. Thus, the district court did not abuse its discretion in denying Defendant’s motion for a new trial. Further, the court wrote that the district court did not clearly err in calculating the drug quantity involved in Defendant’s offense. The district court’s quantity determination was largely based on a customer’s and a confidential informant’s testimony. The district court found these witnesses to be credible, and the court found no reason to overturn that finding. View "United States v. Charleton Maxwell" on Justia Law
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Constitutional Law, Criminal Law
United States v. Joshua Brown
Defendant was arrested for a firearm offense after he was pulled over and during the traffic stop, the officer conducted a pat down search, finding a firearm. Defendant entered a conditional guilty plea, subject to his right to appeal the denial of his motion to suppress.On appeal, the Eighth Circuit affirmed the district court's denial of defendant's motion to suppress. The court explained that the officer had reasonable suspicion to make the traffic stop. Here, there was a color discrepancy between the vehicle's actual color and the color listed on the vehicle registration. The officer also testified that, in his recent experience, several vehicles with mismatched colors came back as stolen. Thus, this gave the officer reasonable suspicion that the vehicle View "United States v. Joshua Brown" on Justia Law
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Constitutional Law, Criminal Law
United States v. Eric Coleman
Defendant entered a guilty plea to two counts of distributing a controlled substance. The district court concluded that defendant qualified as a career offender under U.S.S.G Sec. 4B1.1. Defendant appealed on this issue.The Eighth Circuit affirmed. A defendant qualifies for the enhancement if his present offense and at least two past offenses are
felony convictions for a “crime of violence or a controlled substance offense.” Here, the PSR identified three predicate offenses qualifying defendant for the enhancement: a 1994 attempted murder, a 1994 aggravated vehicular hijacking, and a 2018 possession of methamphetamine with intent to deliver.Defendant claimed that his attempted murder and vehicular hijacking offenses do not qualify as predicate offenses because 1.) neither resulted in him serving prison time within the past 15 years and 2.) neither is a crime of violence. The court rejected both arguments, affirming defendant's sentence. View "United States v. Eric Coleman" on Justia Law
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Criminal Law
United States v. Juana Aguilar
A jury convicted Defendant of conspiring to distribute 50 grams or more of methamphetamine. On appeal, Defendant contends (1) the evidence was insufficient to support the conviction; (2) the district court erred in admitting evidence of Defendant’s prior bad acts; (3) the district court failed to credit Defendant for acceptance of responsibility; and (4) the sentence was substantively unreasonable.
The Eighth Circuit affirmed. The court held that a reasonable jury could have relied on the evidence to find beyond a reasonable doubt that Defendant was a knowing participant in the conspiracy to distribute methamphetamine. Therefore, the evidence presented at trial was sufficient to sustain Defendant’s conviction. Further, the court reasoned that because the testimony was relevant to a material issue in the trial and had a non-propensity purpose, the district court did not abuse its discretion by admitting it. Additionally, Defendant cannot simultaneously argue that she accepted responsibility but also had no knowledge or involvement in the conspiracy. Thus, the district court did not err in denying a reduction for acceptance of responsibility. Further, the court explained that because Defendant’s sentence was below her Guidelines range and justified by “precisely the kind of defendant-specific determinations that are within the special competence of sentencing courts,” the court cannot say the district court abused its discretion. View "United States v. Juana Aguilar" on Justia Law
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Criminal Law