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

The case involves two defendants, Raekwon Patton and Austin Mallory, who were found guilty of their roles in a drive-by shooting following an encounter with a rival gang member. The shooting occurred after the defendants and their gang members spotted Raysean Nelson, a rival gang member, in a parking lot and followed him. The defendants were charged with attempted murder in aid of racketeering and discharging a firearm during a crime of violence.The district court overruled multiple objections raised by the defendants. Patton argued that the jury instructions were missing and that the evidence presented by the government was excessive and portrayed him negatively. He also claimed that his decision to return fire was justified as the other side shot first. However, the court found that Patton had not attempted to retreat before using force, which was required by Iowa law. The court also rejected Patton's argument that the instructions set the bar too low on the racketeering element.Mallory challenged the verdict based on two evidentiary decisions and questioned whether the government established that he was a knowing accomplice. The court excluded a hearsay statement that Mallory hoped would prove he was not the driver during the shooting. The court also did not admit evidence showing Mallory's involvement in non-gang activities, considering it as inadmissible character evidence.The United States Court of Appeals for the Eighth Circuit affirmed the judgments of the district court, finding sufficient evidence for the jury to conclude that Mallory was guilty as an accomplice and rejecting Patton's arguments about the jury instructions and the evidence presented by the government. View "United States v. Mallory" on Justia Law

Michael Hoeft was found guilty by a jury of possessing methamphetamine with intent to distribute and possessing a firearm as a prohibited person. The case began when police officers responded to a call from a storage facility manager who reported an unauthorized individual asleep in a truck. Upon arrival, the officers found Hoeft asleep in the truck with a loaded crossbow on the passenger seat. After Hoeft refused to exit the vehicle, the officers tased and arrested him. A subsequent search of Hoeft and his truck revealed methamphetamine, syringes, a scale, a handgun, and the crossbow.Hoeft challenged the district court's decisions on four grounds. He argued that the evidence found by the police should have been suppressed as it was the result of an unconstitutional seizure. He also contended that the gun charge should have been dismissed from the indictment as the relevant statutes were unconstitutional. Hoeft further claimed that there was insufficient evidence to prove his intent to distribute the methamphetamine, and that an out-of-court statement he made to a chemical dependency counselor should have been admitted.The United States Court of Appeals for the Eighth Circuit affirmed the district court's rulings. The court found that the police officers had reasonable suspicion to investigate Hoeft, making the seizure reasonable. The court also upheld the constitutionality of the statutes under which Hoeft was charged. Regarding the drug charge, the court determined that a reasonable jury could infer intent to distribute based on the evidence presented. Finally, the court concluded that the exclusion of Hoeft's out-of-court statement was harmless, as it would not have introduced new evidence. View "United States v. Hoeft" on Justia Law

Mohamed Gamar Ahmed was charged with possession of cocaine and fentanyl with intent to distribute, and possession of a firearm in furtherance of a drug trafficking crime. The charges stemmed from a search warrant executed at Ahmed's residence in Nebraska, where law enforcement officers discovered loaded handguns, ammunition, drug paraphernalia, marijuana, cocaine, and counterfeit Percocet pills containing fentanyl. Ahmed pleaded guilty to the charges. The United States Probation Office prepared a presentence investigation report (PSR), which alleged that Ahmed had supplied one of the fentanyl-laced pills to a minor female, who overdosed after ingesting it. The Government filed a motion for an upward departure or variance on the drug-possession count, arguing that the United States Sentencing Guidelines range of 15-21 months’ imprisonment failed to adequately account for the extent of the harm caused by Ahmed’s drug-dealing.The District Court for the District of Nebraska conducted an evidentiary hearing at sentencing that involved testimony from two witnesses. After hearing the direct- and cross-examinations of both witnesses, the district court overruled Ahmed’s objection to the PSR, finding that the testimony was consistent with the allegation that Ahmed supplied the pill that caused the minor to overdose. The district court then proceeded to sentencing, stating that it had considered all the federal sentencing factors enumerated in 18 U.S.C. § 3553(a), including the serious nature of the offense and Ahmed’s history and characteristics. The district court varied upward on the drug-possession count to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment, ultimately sentencing Ahmed to 48 months’ imprisonment. Ahmed also received a mandatory minimum term of 60 months’ imprisonment on the firearm-possession count, to be served consecutively, for a total of 108 months’ imprisonment.Ahmed appealed to the United States Court of Appeals for the Eighth Circuit, alleging that the district court committed procedural error and imposed a substantively unreasonable sentence. The appellate court affirmed the district court's decision, finding no procedural error and concluding that the district court imposed a substantively reasonable sentence. View "United States v. Ahmed" on Justia Law

The defendant, Gregory Lukassen, was found guilty of child pornography offenses by a jury and sentenced to 240 months' imprisonment by the district court. The charges stemmed from several cyber tips received by law enforcement officers regarding Lukassen's suspicious internet activity in 2015, 2017, and 2019. In January 2020, Lukassen admitted to engaging in online chats about sexual fantasies involving minors and receiving explicit images of children. A search warrant was obtained for Lukassen's truck, where several electronic devices were seized. Child pornography was found on a computer and a MicroSD card. Lukassen was charged with receipt and distribution of child pornography and possession of child pornography. His motions to suppress evidence and for judgment of acquittal were denied.The district court denied Lukassen's motion to suppress evidence, ruling that the issuance of the search warrant for his electronic devices was supported by probable cause as required by the Fourth Amendment. The court also denied Lukassen's motion for judgment of acquittal, finding that a rational jury could have found the elements of the offense beyond a reasonable doubt. At sentencing, the court vacated Lukassen's conviction for possession of child pornography, agreeing with the government's suggestion that convictions and sentences for both distribution and possession of the same images could violate the Double Jeopardy Clause. The court imposed a term of 240 months' imprisonment and ordered restitution in the amount of $3,000 to each victim who requested restitution.On appeal, the United States Court of Appeals for the Eighth Circuit affirmed the district court's decisions. The appellate court found that the district court did not err in denying Lukassen's motions to suppress evidence and for judgment of acquittal. The court also found that the district court did not abuse its discretion in sentencing Lukassen to the maximum statutory sentence and ordering restitution. The court rejected Lukassen's argument that the district court erred in applying the Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018 (AVAA) instead of the Mandatory Victims Restitution Act of 1996 (MVRA), finding that Lukassen did not show an obvious error that affected his substantial rights. View "U.S. v. Lukassen" on Justia Law

Robert Lance Walker was convicted on five counts related to drug and firearm offenses after a jury trial. He was sentenced to 80 months of imprisonment and 5 years of supervised release. Walker appealed three of his convictions and his sentence.Prior to the appeal, Walker had argued in the district court that the evidence presented at trial was insufficient to support three of his convictions. The district court rejected this argument. The three convictions in question related to separate incidents involving possession with intent to distribute cocaine, possession of a firearm after being convicted of a felony, and possession of ammunition after being convicted of a felony.The United States Court of Appeals for the Eighth Circuit reviewed Walker's appeal. The court applied a de novo standard of review, viewing the evidence in the light most favorable to the verdict and giving the verdict the benefit of all reasonable inferences. The court found that a reasonable jury could have found Walker guilty beyond a reasonable doubt on all three counts. The court noted that possession can be actual or constructive, and that the government had established some nexus between Walker and the contraband in each case.Walker also challenged his sentence, arguing procedural error and substantive unreasonableness. He claimed that the district court relied on a misunderstanding of the Guidelines’ grouping rules and failed to adequately explain its decision to vary upwards. The appellate court found no plain error, stating that the district court provided sufficient explanation for the sentence imposed and did not rely on a misunderstanding of the Guidelines’ grouping rules. The court also found Walker's sentence to be substantively reasonable, noting that the district court had considered the relevant factors and had not committed a clear error of judgment in weighing those factors.The judgment of the district court was affirmed. View "United States v. Walker" on Justia Law

Ryan Fleming was convicted of being a felon in possession of a firearm after a high-speed chase in Missouri. The chase began when an officer attempted to stop Fleming's vehicle, which matched the description of a vehicle involved in a shooting in Illinois. Fleming crashed his vehicle, fled on foot, and left a semiautomatic rifle on the ground outside the driver’s door. Fleming challenged the denial of a motion for a new trial and the application of offense-level adjustments under the United States Sentencing Guidelines.The district court denied Fleming's motion for a new trial, which was based on the argument that he did not knowingly possess the semiautomatic rifle. Fleming claimed that the rifle was in the vehicle and fell out when he opened the door after the crash. The court found no abuse of discretion in the denial of the motion, as the jury had considered the officer's testimony alongside the balance of the evidence, including unclear video evidence.At sentencing, the district court applied two enhancements: one for recklessly creating a substantial risk of death or serious bodily injury during flight, and another for using or possessing a firearm in connection with another felony offense. Fleming argued that he did not exit his vehicle with the rifle and that the high-speed chase was not separate from his later flight on foot. The court found no clear error in its conclusion that possession or use of the rifle emboldened Fleming to flee on foot, and that the flight on foot was separate in time and different in nature from the preceding high-speed chase.The United States Court of Appeals for the Eighth Circuit affirmed the judgment of the district court, rejecting Fleming's factual challenges and finding no clear error in the district court's conclusions. View "United States v. Fleming" on Justia Law

James and Levi Garrett, a father and son farming duo in South Dakota, were found guilty by a jury of making false statements in connection with federal crop insurance. The Garretts had participated in a federal crop insurance program, administrated by Crop Risk Services (CRS) and backed by the Risk Management Agency of the United States Department of Agriculture (USDA). They had obtained insurance for sunflower crops in 2018, and James had obtained insurance for a corn crop in 2019. The Garretts were accused of falsely certifying the number of acres of sunflowers and corn they planted in 2018 and 2019 respectively, and subsequently reporting harvest losses to CRS.The case went to trial in October 2022. The jury heard from several witnesses and examined dozens of exhibits. At the conclusion of the trial, James was convicted on two counts of making a false statement in connection with insurance for sunflower and corn crops, and Levi was convicted on one count of making a false statement in connection with insurance for a sunflower crop. The Garretts moved for judgment of acquittal, and in the alternative, a new trial, arguing there was insufficient evidence to support their convictions. The district court denied their motion.The Garretts appealed to the United States Court of Appeals for the Eighth Circuit, challenging the district court’s evidentiary rulings and its denial of their post-trial motions. They argued that the district court erred in admitting certain evidence and excluding others, and that there was insufficient evidence to support their convictions. The Court of Appeals affirmed the judgment of the district court, concluding that the trial record supported the jury verdict and that the district court did not err in its evidentiary rulings or in denying the Garretts' post-trial motions. View "United States v. Garrett" on Justia Law

The petitioner, Nguyen Chi Cuong Nmn Huynh, a Vietnamese citizen and lawful permanent resident of the United States, was convicted in Iowa for knowingly purchasing or possessing a visual depiction of a minor engaging in a prohibited sexual act. Following this conviction, the Department of Homeland Security sought his removal under the Immigration and Nationality Act (INA), arguing that his crime constituted "sexual abuse of a minor," an aggravated felony that warrants removal. An immigration judge found Huynh removable, and the Board of Immigration Appeals (BIA) dismissed his appeal.The United States Court of Appeals for the Eighth Circuit reviewed de novo whether Huynh's state crime qualifies as sexual abuse of a minor. The court applied the "categorical approach," examining whether the state statute defining the crime of conviction categorically fits within the generic federal definition of a corresponding aggravated felony. The court found that the Iowa statute is broader than the generic federal offense of sexual abuse of a minor.The court held that the conduct criminalized by the Iowa statute, namely, knowingly possessing a prohibited image, falls outside the generic federal offense of sexual abuse of a minor. The court reasoned that none of the definitions of "sexual abuse of a minor" in the INA, reliable dictionaries, or a closely related statute captures simple possession of child pornography. The court also found that the BIA's preferred definition, which requires something more than simple possession of child pornography, does not apply to Huynh's case.The court also considered the Department of Homeland Security's charge that Huynh committed a "crime involving moral turpitude" within five years of his admission to the United States. The court found that the government could not defend the BIA's decision on this charge and granted the government's request for voluntary remand for the BIA to reconsider its decision.In conclusion, the court granted Huynh's petition for review, vacated the BIA's order, and remanded the case for further proceedings. View "Huynh v. Garland" on Justia Law

Robert Maloney was convicted for his role in a Minnesota-based drug distribution ring while serving a sentence in a state prison for a terroristic-threatening conviction. He was sentenced to 262 months’ imprisonment and 5 years of supervised release. Maloney appealed, arguing that the district court had limited cross-examination of the Government’s key witness, denied his request to represent himself during closing argument, denied his request for discovery sanctions based on the Government’s alleged failure to produce audio recordings of phone conversations, and violated his Sixth Amendment right to a speedy trial.The district court had denied Maloney's request to represent himself during closing arguments, stating that it was too late in the process and it would confuse the jury. The court also denied Maloney's motion for discovery sanctions, concluding that the Government did not violate Rule 16(a) as it had properly disclosed and made available for inspection all the physical evidence, including the audio files, by the deadline. The court also overruled Maloney's objection to the magistrate judge’s order denying his request for sanctions.The United States Court of Appeals for the Eighth Circuit affirmed the district court's decisions. The court found that any error in limiting the cross-examination of the Government’s key witness was harmless because Maloney had the opportunity to challenge the witness’s credibility in other ways. The court also found that the district court did not err in denying Maloney’s request to represent himself at closing, as the request was untimely and would have disrupted the proceedings. The court further held that the district court did not abuse its discretion in denying the motion for discovery sanctions, as the Government had complied with Rule 16. Lastly, the court found no error in the denial of Maloney’s constitutional speedy trial claim. View "United States v. Maloney" on Justia Law

In June 2021, Leonard Haskins was stopped by police in Jonesboro, Arkansas for a traffic violation. Upon approaching the vehicle, officers smelled marijuana, leading to a search of the vehicle. They found a 9mm pistol in the glovebox, various drugs including methamphetamine and ecstasy, digital scales, and a box of 9mm ammunition in a backpack behind the passenger seat. Haskins admitted ownership of the pistol and the contents of the backpack. He was subsequently indicted for four drug and firearm violations, including being a felon in possession of a firearm and possession of a firearm in furtherance of a drug trafficking crime. Haskins pleaded guilty to the first count, and the government dismissed the other counts.The Presentence Investigative Report calculated an advisory guidelines range of 51 to 63 months imprisonment. At sentencing, the district court adopted the report without objection and granted Haskins a three-level acceptance reduction, reducing the guidelines range to 46 to 57 months imprisonment. However, the court advised that an upward variance may be appropriate given the nature of the offense and Haskins' criminal history. After extensive argument and allocution, the district court sentenced Haskins to the statutory maximum of 120 months, a 63-month upward variance from the top of the advisory guidelines sentencing range. Haskins appealed, arguing the sentence was substantively unreasonable.The United States Court of Appeals for the Eighth Circuit affirmed the district court's decision. The appellate court noted that it reviews a defendant’s challenge to substantive reasonableness under a highly deferential abuse-of-discretion standard. The court found that the district court did not abuse its discretion in imposing the statutory maximum sentence. The court had given the applicable guidelines careful consideration, but concluded that the sentencing factors warranted a substantial upward variance. The court had considered the mitigating factors noted by defense counsel but found them outweighed by the need for specific deterrence, promotion of respect for the law, and protection of the public from further crimes. The appellate court concluded that disagreement with how the district court weighed the relevant sentencing factors does not justify reversal. View "United States v. Haskins" on Justia Law