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

In early 2023, investigators conducted six controlled buys of fentanyl pills from Tyran Locure, with Anthony Jackson, Jr. present for two of these buys, which took place in Jackson’s vehicle. A GPS tracker on Jackson’s vehicle showed it frequently parked at an apartment building in Des Moines, Iowa, where both Jackson and Locure were surveilled. A search warrant executed at the apartment found firearms, thousands of fentanyl pills, marijuana, cocaine, cell phones, and a money counter. Jackson’s wallet and documents were also found in the apartment, and $2,263 in cash, including serialized money from a controlled buy, was found on Jackson.The United States District Court for the Southern District of Iowa charged Jackson with conspiracy to distribute controlled substances, possession with intent to distribute fentanyl, possession of firearms in furtherance of a drug trafficking crime, and being a felon in possession of firearms. The jury convicted Jackson on all counts, and the district court sentenced him to 270 months of imprisonment, revoked his supervised release, and added 30 months for violating supervised release terms.The United States Court of Appeals for the Eighth Circuit reviewed Jackson’s appeal, which challenged the admission of a forensic report, evidence of prior bad acts, and the sufficiency of evidence for the conspiracy conviction. The court held that Jackson waived his confrontation rights by stipulating to the forensic report’s findings. The court also found that the admission of evidence of Jackson’s prior conviction and firearm photographs was proper and not unduly prejudicial. Finally, the court concluded that sufficient evidence supported Jackson’s conspiracy conviction, given the controlled buys, GPS data, and items found during the search. The Eighth Circuit affirmed the district court’s judgment. View "United States v. Jackson" on Justia Law

In October 2018, Veronica Pineda De Aquino used a false identity to apply for a U.S. passport, submitting fraudulent documents. Investigators, with the cooperation of the real identity holder, A.E., determined Pineda was a Mexican citizen who had entered the U.S. in 1999. In June 2023, a grand jury indicted Pineda for making a false statement in a passport application and using another person’s social security number. Pineda initially pled not guilty but later entered a plea agreement, pleading guilty to the first count in exchange for the dismissal of the second count.The United States District Court for the Western District of Arkansas accepted Pineda’s guilty plea but deferred the decision on the plea agreement until reviewing the presentence investigation report (PSR). The PSR detailed Pineda’s difficult background and calculated an advisory Guidelines range of 0 to 6 months of imprisonment. At sentencing, the district court adopted the PSR without objection but varied upward, sentencing Pineda to 32 months of imprisonment, citing the seriousness of her offense and the need for deterrence. The court dismissed the second count as per the plea agreement.The United States Court of Appeals for the Eighth Circuit reviewed the case. Pineda argued that the district court erred by not expressly accepting or rejecting the plea agreement and by imposing a substantively unreasonable sentence. The appellate court found that the district court constructively accepted the plea agreement and that any error was not plain. The court also held that the district court did not abuse its discretion in sentencing Pineda above the Guidelines range, considering the aggravating factors and the need for deterrence. The Eighth Circuit affirmed the district court’s judgment. View "United States v. De Aquino" on Justia Law

Guy Wilson moved into a residence with his girlfriend and her two minor children, including her daughter B.Z. He installed several cameras throughout the home, some of which were hidden in locations such as vents in B.Z.’s bedroom and the bathroom. These hidden cameras recorded B.Z. in various states of undress, including images of her genitals, pubic area, and breasts. Wilson also took and saved screenshots from this footage that focused on B.Z.’s pubic area and genitals.A grand jury in the United States District Court for the Southern District of Iowa indicted Wilson for both production and attempted production of child pornography, but only the attempt charge was submitted to the jury. At trial, Wilson argued he lacked the intent required for the offense and that the images did not meet the statutory definition of child pornography. He moved for judgment of acquittal at the close of the government’s case and again at the close of all evidence, but both motions were denied. The jury found him guilty of attempted production of child pornography. At sentencing, Wilson sought a reduction for acceptance of responsibility under the Sentencing Guidelines, but the district court denied this request and imposed a 240-month sentence.The United States Court of Appeals for the Eighth Circuit reviewed Wilson’s conviction and sentence. The court held that the district court did not abuse its discretion in instructing the jury on the Dost-plus factors for determining whether an image is a “lascivious exhibition,” nor was it required to explicitly state that these factors are non-exhaustive. The court also found sufficient evidence supported the jury’s verdict and concluded that the district court did not clearly err in denying a reduction for acceptance of responsibility. The Eighth Circuit affirmed the judgment of the district court. View "United States v. Wilson" on Justia Law

On September 1, 2016, law enforcement officers conducted narcotics raids at a home and shop in Pulaski County, Arkansas. During the raid, officers found contraband in both locations, and an officer shot and injured Lloyd St. Clair, who was holding a shotgun. Lloyd and other occupants of the home and shop filed a lawsuit under § 1983, alleging violations of their Fourth Amendment rights by the officers and the City of Little Rock.The United States District Court for the Eastern District of Arkansas granted summary judgment in favor of the defendants. The plaintiffs appealed the decision, arguing that there were genuine disputes of material fact regarding the existence of two separate search warrants and the justification for no-knock entries.The United States Court of Appeals for the Eighth Circuit reviewed the case de novo. The court found that the record included two valid search warrants signed by a state judge, and there was no genuine dispute of material fact regarding their existence. The court also determined that the officers had reasonable suspicion to justify the no-knock entries based on videos of Amy St. Clair shooting firearms, which were seen by Officer Kalmer before the raids.Regarding Lloyd's excessive force claim, the court held that the use of deadly force by Officer Thomas was reasonable, as Lloyd admitted to pointing a gun at Thomas. The court also affirmed the district court's grant of summary judgment on the municipal liability claim, as there was no underlying constitutional violation by the city employees.The Eighth Circuit affirmed the judgment of the district court, upholding the summary judgment in favor of the defendants. View "Davenport v. City of Little Rock" on Justia Law

On July 6, 2013, a train carrying crude oil derailed in Lac-Mégantic, Quebec, causing explosions that killed forty-seven people and destroyed the town center. Joe R. Whatley, Jr., as trustee for the wrongful death claimants, sued Canadian Pacific Railroad Company and related entities, alleging liability for the value of the train’s crude oil cargo.The United States District Court for the District of North Dakota found Canadian Pacific liable under the Carmack Amendment for the value of the crude oil cargo and awarded Whatley $3,950,464 plus prejudgment interest. However, the court declined to address whether the judgment reduction provision from the Montreal Maine & Atlantic Railway (MMA) bankruptcy plan applied, stating that it was a matter for the Bankruptcy Court. Canadian Pacific's motion for reconsideration was denied, leading to this appeal.The United States Court of Appeals for the Eighth Circuit reviewed the case. The court found that the district court abused its discretion by setting aside part of the joint stipulation between the parties, which required the court to decide whether the judgment reduction provision applied. The Eighth Circuit determined that the judgment reduction provision from the MMA bankruptcy plan should apply, reducing Canadian Pacific’s liability to zero, as MMA was solely responsible for the derailment.The Eighth Circuit reversed the district court’s decision and remanded the case for a complete reduction of the judgment against Canadian Pacific, ensuring that Canadian Pacific would not be held liable for more than its proportionate share of the damages, which in this case was zero due to MMA's sole liability. View "Whatley v. Canadian Pacific Railway Co." on Justia Law

In January 2023, law enforcement officers from the Rosebud Sioux Tribe responded to a report of a man brandishing a firearm at Benjamin Fool Bull's home. Witnesses identified Tyson Quigley as the man with the firearm and Erwin White Lance as the man with a baseball bat. Both men were later found in a gold Chrysler sedan, which contained a firearm, ammunition, and other items. Quigley declined to speak with investigators, but White Lance admitted to being invited into the residence and claimed responsibility for the firearm before invoking his right to remain silent.Quigley and White Lance were charged with first-degree burglary and using a firearm during a crime of violence. Quigley was also charged with being a felon in possession of a firearm. White Lance died during the proceedings, and the charges against him were dismissed. The district court granted the Government's motion to exclude White Lance's statements as hearsay, ruling that they were not admissible under Rule 804 or Rule 807. At trial, Quigley was found guilty of being a felon in possession of a firearm but acquitted of the other charges. He was sentenced to 90 months in prison and three years of supervised release.The United States Court of Appeals for the Eighth Circuit reviewed the case and affirmed the district court's decision. The appellate court held that White Lance's statement about taking responsibility for the firearm was not sufficiently trustworthy to be admitted under Rule 804(b)(3) or Rule 807. The court noted that the statement was made under circumstances that suggested a motive to protect Quigley and was contradicted by eyewitness testimony. Therefore, the district court did not abuse its discretion in excluding the statement. View "United States v. Quigley" on Justia Law

Michael Swanson killed a motorcyclist while driving his parents' car. After a wrongful-death lawsuit settled, Swanson's personal automobile-liability policy paid up to its coverage limits. The remaining question was which insurer should pay next: Hartford Fire Insurance Company, which provided a commercial automobile policy to Swanson's employer, or Chubb Custom Insurance Company, which provided group excess-liability benefits. Both insurers had "excess clauses" requiring the other to pay first, leading to a dispute.The United States District Court for the Western District of Missouri determined that the excess clauses were mutually repugnant, meaning they canceled each other out. The court granted summary judgment to Hartford, denied Chubb's motion for judgment on the pleadings, and ordered both insurers to share the remaining settlement amount pro rata.The United States Court of Appeals for the Eighth Circuit reviewed the case de novo. The court found that Hartford's policy was "excess over any other collectible insurance," while Chubb's policy was "excess over any other insurance," making it a true excess policy. The court concluded that Hartford's policy should pay before Chubb's because Hartford's policy was excess over collectible insurance, which included Swanson's personal automobile-liability policy. Chubb's policy, being a true excess policy, would only come into play after all other insurance was exhausted.The Eighth Circuit vacated the district court's judgment and remanded the case with instructions to grant Chubb's motion for judgment on the pleadings, determining that Hartford should pay before Chubb. View "Hartford Fire Insurance Company v. Chubb Custom Insurance Company" on Justia Law

Just Funky, LLC, an Ohio company, and Think 3 Fold, LLC, an Arkansas company, entered into a business relationship in 2020 to supply plush toys to Walmart. Think 3 Fold issued purchase orders to Just Funky in late 2021, but the parties could not agree on a final price. Concurrently, Just Funky provided a loan to Think 3 Fold, which defaulted on the payments. The parties attempted to settle the loan dispute, but Think 3 Fold's late payment complicated matters. They also discussed a larger plush toy deal as part of the settlement, but no agreement was reached. Think 3 Fold paid for a smaller plush toy order, which Just Funky did not deliver.The United States District Court for the Western District of Arkansas ruled in favor of Think 3 Fold, granting summary judgment on Just Funky's breach of contract claim for the larger plush deal, finding no contract was formed due to lack of agreement on essential terms. The court also ruled in favor of Think 3 Fold on its counterclaim for the smaller plush deal, rejecting Just Funky's setoff defense.The United States Court of Appeals for the Eighth Circuit reviewed the case. The court affirmed the district court's summary judgment, agreeing that no contract was formed for the larger plush deal as there was no meeting of the minds on the price term. The court also upheld the rejection of Just Funky's setoff defense, finding that the $173,000 was part of settlement negotiations and never became due. The judgment of the district court was affirmed. View "Just Funky, LLC v. Think 3 Fold, LLC" on Justia Law

Dimaryn Ware was indicted on multiple firearms-related charges. He moved to dismiss the indictment, arguing that the statutes violated the Second Amendment both on their face and as applied to him. The district court denied his motion, and Ware pled guilty while preserving his right to appeal the denial. He now appeals the denial and several sentencing decisions.The district court, the United States District Court for the Southern District of Iowa, denied Ware's motion to dismiss the indictment. Ware pled guilty to two counts, and the remaining counts were dismissed on the government's motion. At sentencing, the court applied the Base Offense Level from the United States Sentencing Guideline (USSG) § 2K2.1(a)(3), concluding that the offense involved a firearm capable of accepting a large capacity magazine. The court calculated a Guidelines range of 84 to 105 months but varied upward to 144 months' imprisonment, ordering the sentence to run concurrently with a state sentence for a related shooting but consecutively to other state sentences for unrelated offenses.The United States Court of Appeals for the Eighth Circuit reviewed the case. The court held that Ware's arguments against the constitutionality of 18 U.S.C. § 922(g)(1) and § 932(b)(1) were foreclosed by precedent, specifically citing United States v. Jackson and United States v. Sharkey. The court also held that the district court did not err in considering conduct underlying an acquitted charge when determining Ware's sentence, as permitted by precedent. Additionally, the court found no clear error in the district court's application of USSG § 2K2.1(a)(3) based on the evidence of the firearm's capability to accept a large capacity magazine. Finally, the court upheld the district court's decision to impose Ware's federal sentence consecutively to his unrelated state sentences and to not reduce his federal sentence based on time served for those unrelated state sentences.The judgment of the district court was affirmed. View "United States v. Ware" on Justia Law

Khemall Jokhoo was previously convicted by a jury of multiple offenses, including aggravated identity theft, impersonating a federal officer, and various fraud charges. His sentence was affirmed by the United States Court of Appeals for the Eighth Circuit. After serving his prison term, Jokhoo was found by the United States District Court for the District of Minnesota to have violated the conditions of his supervised release seven times within a month, leading to an additional one-year prison sentence.Jokhoo appealed, arguing that there was insufficient evidence to support the findings that he failed to work regularly and held unapproved employment with fiduciary responsibilities. He also contended that his sentence was substantively unreasonable, claiming the district court imposed it with a focus on retribution.The United States Court of Appeals for the Eighth Circuit reviewed the case and found no error in the district court's determination that Jokhoo failed to work regularly. The court noted that Jokhoo worked only one day during the nearly month-long period and had ample time to secure employment during his pre-release period. The court dismissed Jokhoo's argument that he needed time to find a new job after being terminated, as he should have anticipated the job loss due to violating a supervised release condition.The appellate court also concluded that any potential error in finding that Jokhoo held unapproved employment with fiduciary responsibilities was harmless. The district court did not need this finding to revoke his supervised release, as other uncontested violations were sufficient. Additionally, the court found that the district court's mention of retribution did not affect Jokhoo's sentence, as the primary reason for the sentence was his repeated rule violations.The Eighth Circuit affirmed the district court's decision. View "United States v. Khemall Jokhoo" on Justia Law