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

The Eighth Circuit affirmed the district court's revocation of defendant's supervised release, concluding that the government established by a preponderance of the evidence that defendant had violated the terms of his supervised release by committing a new offense. In this case, although the district court acknowledged that there was no one piece of information that was the proverbial smoking gun, it found that a combination of all of the pieces of evidence established that defendant had participated in one or more bank robberies. The court also concluded that the district court did not abuse its discretion by imposing defendant's sentence where the district court sufficiently considered the 18 U.S.C. 3553(a) factors and did not rely on an improper factor or commit a clear error of judgment. View "United States v. Staten" on Justia Law

The Eighth Circuit affirmed defendant's conviction and sentence for possession with the intent to distribute five or more grams of actual methamphetamine and possession of a firearm in furtherance of a drug trafficking crime.The court held that the officers had probable cause to detain defendant based on the registration violation alone and, given his earlier flight in the Nissan, it was not unreasonable for the officers to effectuate the stop by blocking the car in, or for the officer to ask defendant to step out of the car with his hands raised. Furthermore, defendant's initial failure to comply with the officer's commands and his furtive gestures, together with the car's earlier flight, made it reasonable for the officers to handcuff him. The court also concluded that, based on the smell of marijuana emanating from the car and the marijuana cigarette found in the passenger's jacket, the officers also had probable cause to search the entire vehicle for drugs and drug paraphernalia. After an officer had lawfully initiated the traffic stop and detained defendant, another officer's action in shining his flashlight to illuminate the interior of the vehicle did not violate the Fourth Amendment. Finally, the district court did not err in denying defendant's request for a lesser-included instruction on simple possession of methamphetamine. View "United States v. Smith" on Justia Law

The Eighth Circuit affirmed Defendants Wortham and Williams' conviction for carjacking, distributing PCP, and possessing a short-barreled shotgun in furtherance of those offenses. The court concluded that defendants waived any arguments they may have had regarding the jury instructions. In this case, they and the government jointly proposed the instruction at issue and the district court did not modify the part of the instruction that defendants now complain about. The court also concluded that the evidence was sufficient to support Wortham's convictions for aiding and abetting carjacking and distributing PCP. View "United States v. Wortham" on Justia Law

The Eighth Circuit affirmed the district court's denial of defendant's motion for a sentence reduction under 18 U.S.C. 3582(c)(2). The court concluded that the district court correctly determined that defendant's 2019 motion for a sentence reduction under Guidelines Amendment 782 was untimely under Federal Rule of Appellate Procedure 4(b); the Government did not forfeit its right to invoke Rule 4(b) as a time bar to defendant's 2019 motion; and the district court did not violate Federal Rule of Criminal Procedure 57(b) by enforcing Rule 4(b) against defendant's 2019 motion. View "United States v. Mofle" on Justia Law

The Eighth Circuit affirmed defendant's conviction for distribution of a controlled substance resulting in serious bodily injury and conspiracy to distribute a controlled substance. The court concluded that the evidence was sufficient to support defendant's convictions; the district court did not abuse its discretion in admitting evidence of defendant's prior drug transactions under Federal Rule of Evidence 404(b); the district court committed harmless error by admitting evidence of a prior overdose resulting from his distribution; and the district court did not abuse its discretion by admitting evidence of his prior felony conviction for aggravated assault under Federal Rule of Evidence 609. View "United States v. Cooper" on Justia Law

The Eighth Circuit affirmed defendant's conviction for attempted enticement of a minor using the internet, holding that the evidence was sufficient to support his conviction. The court also held that there was more than sufficient evidence that the jury could have relied upon in finding that defendant responded promptly to the opportunity to solicit a minor and was, therefore, not entrapped by the government. View "United States v. Zupnik" on Justia Law

Defendant was convicted of attempted commercial sex trafficking of a minor and sentenced to 120 months' imprisonment. The district court also imposed a $5,000 special assessment.The Eighth Circuit concluded that defendant did not raise his objection to the indictment in the district court proceedings and had failed to demonstrate good cause for his failure to timely object to the indictment. Even if he could show good cause, the court would review his argument under the same plain error standard with which the court reviewed his challenge to the jury instructions. In this case, defendant failed to show the district court obviously erred by applying the reckless-disregard standard. The court held that it was proper to use the reckless-disregard standard because defendant was convicted for attempting to recruit, entice, obtain, patronize, or solicit a minor for a commercial act. The court also held that the district court did not err by using the label "sex trafficking" when describing the charged crime to the jury in Instruction No. 4. Finally, the $5,000 special assessment was properly imposed where defendant failed to show he had the inability to pay the assessment. View "United States v. Zam Mung" on Justia Law

The Eighth Circuit reversed the district court's order dismissing an indictment charging defendant with illegal reentry to the United States. The court concluded that the district court erred in ruling that defendant made a sufficient showing to attack the deportation order that underlies the charge in this criminal case. In this case, defendant may not challenge in this criminal case the validity of the immigration court’s underlying deportation order from 1998. Accordingly, the court remanded for further proceedings. View "United States v. Leal-Monroy" on Justia Law

The Eighth Circuit affirmed defendant's 192 month sentence imposed after he pleaded guilty to one count of possession of methamphetamine with the intent to distribute. The court concluded that defendant's sentence was substantively reasonable where the district court varied downward after engaging in a measured and thoughtful discussion of the Guidelines and their applicability to defendant's offense and personal circumstances. The court also concluded that, while a district court may choose to deviate from the Guidelines because of a policy disagreement, it is not required to do so. Therefore, the district court did not abuse its discretion in sentencing defendant. View "United States v. Wickman" on Justia Law

The Eighth Circuit affirmed defendant's conviction for conspiracy to distribute heroin, conspiracy to possess firearms in furtherance of a drug trafficking crime, and discharging a firearm in furtherance of a drug trafficking crime. The court concluded that the evidence was sufficient to support defendant's drug and firearm conspiracy convictions and his conviction for discharging a firearm in furtherance of a drug trafficking crime. The court also concluded that, although the district court erred by allowing an officer to impermissibly opine on an ultimate issue when she testified that the 1-9 Block Dipset Gang is a "drug trafficking organization," there was no plain error because defendant could not show that the error affected his substantial rights. View "United States v. Flax" on Justia Law