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

Anthony Red Elk was convicted by a jury on one count of aggravated sexual abuse of a minor and two counts of sexual abuse. The charges were based on allegations by his niece, C.T.B., that Red Elk raped her once when she was under twelve and again on two occasions when she was nineteen and twenty. Additionally, the government introduced testimony from K.W., who alleged that Red Elk attempted to sexually assault her in 2007 when she was sixteen.The United States District Court for the District of South Dakota admitted K.W.'s testimony under Federal Rule of Evidence 413, which allows evidence of prior sexual assaults to show a defendant's propensity to commit such offenses. The court also applied two sentencing enhancements: a four-level enhancement for use of force on Counts 2 and 3, and a five-level enhancement for being a repeat and dangerous sex offender against minors, resulting in a total offense level of 46, reduced to the Sentencing Guidelines' maximum of 43. Red Elk was sentenced to life imprisonment on each count, to run concurrently.The United States Court of Appeals for the Eighth Circuit reviewed the case. The court held that the district court did not abuse its discretion in admitting K.W.'s testimony, finding it relevant and not unduly prejudicial under Rule 403. The court also upheld the application of the repeat and dangerous sex offender enhancement, finding that K.W.'s testimony established by a preponderance of the evidence that Red Elk attempted aggravated sexual abuse. Finally, the court found that any error in applying the use of force enhancement was harmless, as it did not affect the total offense level. The Eighth Circuit affirmed the judgment of the district court. View "United States v. Elk" on Justia Law

Robert Carl Sharp was released from federal prison in 2012 and later sold herbal incense products containing a synthetic cannabinoid, AB-FUBINACA, while on supervised release. He was arrested in 2014 for violating his supervised release terms. During a proffer interview, Sharp, represented by attorney Joel Schwartz, admitted to selling synthetic cannabinoids to several individuals. In 2015, Sharp was indicted for conspiracy to manufacture and distribute a controlled substance and possession with intent to distribute. He pleaded guilty without a plea agreement but later sought to withdraw his plea, claiming Schwartz had a conflict of interest due to previous representation of potential witnesses.The United States District Court for the Northern District of Iowa denied Sharp's motion to withdraw his guilty plea, finding Schwartz credible and Sharp not credible. Sharp was sentenced to 360 months' imprisonment. On appeal, the Eighth Circuit affirmed his conviction, concluding that Sharp had not shown that proceeding to trial would have been objectively reasonable or that Schwartz's advice to plead guilty was linked to an actual conflict of interest.Sharp then filed a 28 U.S.C. § 2255 motion, claiming ineffective assistance of counsel due to Schwartz's alleged conflict of interest from previous representation of other individuals involved in the case. The district court denied the motion, determining that Sharp had not shown Schwartz failed to pursue a reasonable alternative defense strategy due to any conflicts.The United States Court of Appeals for the Eighth Circuit reviewed the denial of Sharp's § 2255 motion, affirming the district court's decision. The court held that Sharp did not demonstrate that any alleged conflict of interest actually affected the adequacy of his representation, nor did he show that his new counsel, Michael Lahammer, performed deficiently. Thus, the court concluded that Sharp was not denied effective assistance of counsel and affirmed the judgment of the district court. View "Sharp v. United States" on Justia Law

Edwin Giovanni Salinas was stopped by law enforcement on the Lake Traverse Reservation in South Dakota. He was a passenger in a vehicle driven by Berta Rosmelvi Gonzales, who initially provided false identification. After her arrest, officers found Salinas throwing items inside the vehicle. They discovered methamphetamine in Gonzales’s purse and a backpack containing fentanyl in the trunk. Salinas and Gonzales were charged with conspiracy to distribute and possession with intent to distribute a controlled substance. A jury found Salinas guilty on both counts.The United States District Court for the District of South Dakota calculated a base offense level of 34 for Salinas, applying a two-level enhancement under U.S.S.G. § 2D1.1(b)(13) for trafficking counterfeit fentanyl pills and additional enhancements for his role in the offense. The court imposed a life sentence, citing Salinas’s presence on the reservation with a large quantity of fentanyl and the potential harm to the community.The United States Court of Appeals for the Eighth Circuit reviewed the case. The court affirmed the application of the § 2D1.1(b)(13) enhancement, finding sufficient evidence that Salinas acted with willful blindness regarding the counterfeit nature of the pills. However, the court held that the district court procedurally erred by basing the life sentence on clearly erroneous facts, specifically the unproven intention to distribute drugs on the reservation. The appellate court vacated Salinas’s life sentence and remanded for resentencing. View "United States v. Salinas" on Justia Law

The Acting Secretary of the U.S. Department of Labor filed a lawsuit against Levering Regional Health Care Center and Reliant Care Management Company for violating the Fair Labor Standards Act (FLSA). The suit alleged that Levering deducted 30 minutes of pay for employees' meal breaks, despite knowing that employees routinely worked through these breaks. An investigation revealed that many employees did not receive lunch breaks or had them interrupted, and some were unaware of the policy to report missed breaks for compensation.The United States District Court for the Eastern District of Missouri granted Levering's motion for summary judgment. The court concluded that Levering did not have actual or constructive knowledge of the unpaid overtime work due to the employees' failure to use the established reporting policy. Additionally, the court found that the Secretary did not adequately establish the amount of overtime owed.The United States Court of Appeals for the Eighth Circuit reviewed the case de novo and reversed the district court's decision. The appellate court held that there was sufficient evidence to suggest that Levering may have failed to effectively communicate its policy to employees, as evidenced by the lack of time sheets submitted during the audit period compared to a later period. The court also found that the Secretary provided enough evidence to estimate the amount of unpaid overtime work, meeting the burden of showing the extent of the work as a matter of just and reasonable inference. The case was remanded for further proceedings. View "Micone v. Levering Regional HCC, L.LC." on Justia Law

Jeremy James Allen, while incarcerated at the Minnesota Correctional Facility in Faribault, filed a complaint against several officials alleging deliberate indifference and medical malpractice related to a hand injury from December 2017. He did not file any grievances with prison officials regarding his injury or medical treatment during his incarceration. Allen's complaint was initially filed in state court and later removed to federal court. After his release from custody, Allen amended his complaint, substituting Charles Brooks and Cheryl Piepho for previously unidentified defendants.The United States District Court for the District of Minnesota granted Allen's unopposed motion to amend his complaint after his release. The defendants moved to dismiss the complaint for lack of subject matter jurisdiction and failure to state a claim, but did not initially raise the issue of exhaustion of administrative remedies. The district court denied the motion to dismiss on qualified immunity grounds, finding that Allen plausibly alleged a violation of his Eighth Amendment right to adequate medical care.Brooks and Piepho later raised the failure to exhaust defense in a summary judgment motion, arguing that Allen's original complaint, filed while he was incarcerated, was subject to the Prison Litigation Reform Act (PLRA) exhaustion requirement. The district court denied their motion, ruling that the amended complaint, filed after Allen's release, was not subject to the PLRA's exhaustion requirement and did not relate back to the original complaint under Federal Rule of Civil Procedure 15(c).The United States Court of Appeals for the Eighth Circuit affirmed the district court's decision. The court held that Allen's amended complaint, filed after his release, was the operative complaint and not subject to the PLRA's exhaustion requirement. Additionally, the court found that the amended complaint did not relate back to the original complaint because naming John and Jane Doe defendants did not qualify as a "mistake" under Rule 15(c). View "Allen v. Brooks" on Justia Law

Camron Jordan Henry pled guilty to unlawfully possessing a firearm as a convicted felon, violating 18 U.S.C. §§ 922(g)(1) and 924(a)(8). The district court sentenced him to 46 months in prison. Henry appealed the sentence, specifically challenging the application of a sentencing enhancement for "reckless endangerment during flight" under U.S.S.G. § 3C1.2. This enhancement applies if the defendant recklessly created a substantial risk of death or serious bodily injury to another person while fleeing from law enforcement.The United States District Court for the Western District of Missouri applied the enhancement, noting that Henry fled from police with a loaded gun in his pocket, which posed a substantial risk of accidental discharge. The court inferred that there was a crowd present during Henry's flight, which increased the potential danger. Henry did not object to this inference.The United States Court of Appeals for the Eighth Circuit reviewed the district court's findings for clear error. The appellate court noted that other circuits have required "something more" than mere possession of a firearm during flight to support the enhancement, such as the firearm being loaded or cocked. The Eighth Circuit found that Henry's case met this criterion because he carried a loaded, chambered, unholstered gun, which created the possibility of accidental discharge. The presence of bystanders further supported the application of the enhancement.The Eighth Circuit affirmed the district court's judgment, concluding that the application of the sentencing enhancement for reckless endangerment during flight was appropriate given the circumstances of Henry's case. View "United States v. Henry" on Justia Law

WBI Energy Transmission, Inc. sought to build a natural gas pipeline through McKenzie County, North Dakota. After obtaining a certificate of public convenience and necessity from the Federal Energy Regulatory Commission, WBI attempted to acquire the necessary easements through voluntary sales. When one family refused to sell, WBI filed a federal condemnation action under the Natural Gas Act. After three years of negotiations, the parties agreed on the amount of just compensation for the easement, but the issue of attorney fees remained unresolved.The United States District Court for the District of North Dakota ruled that WBI was responsible for the family's attorney fees based on North Dakota law, which allows for such fees in condemnation proceedings. The district court relied on the precedent set by Petersburg School District of Nelson County v. Peterson.The United States Court of Appeals for the Eighth Circuit reviewed the case and determined that the availability of attorney fees depends on whether state or federal law governs the compensation due. The court concluded that federal law applies because WBI was exercising the federal eminent-domain power delegated under the Natural Gas Act. The court noted that the Fifth Amendment's requirement for just compensation does not include attorney fees unless explicitly provided by statute. The Natural Gas Act does not mention attorney fees, and thus, the default rule under the Fifth Amendment applies. Consequently, the court vacated the district court's award of attorney fees, holding that WBI is not obligated to pay the family's attorney fees. View "WBI Energy Transmission, Inc. v. 189.9 rods in Twsp. 149" on Justia Law

Lisa and Peter Woodward incurred a debt of $2,214.44 for their child's dental care, which was placed with Credit Service International Corporation (CSIC) for collection. CSIC filed a claim in conciliation court, but the Woodwards did not receive notice as the summons was sent to their previous address. CSIC obtained a default judgment and attempted to garnish the Woodwards' wages. The Woodwards hired attorney Kevin Giebel, who filed a lawsuit claiming violations of Minnesota garnishment laws and the Fair Debt Collection Practices Act (FDCPA). CSIC and Muske removed the case to federal court and offered a judgment of $2,002.00 plus reasonable attorney’s fees and costs, which the Woodwards accepted.The United States District Court for the District of Minnesota granted the Woodwards' motion for attorney’s fees in part, awarding $12,075.00 out of the $29,139.00 sought. The court used the lodestar method to determine the reasonable fee, concluding that $350 per hour was appropriate and that only 34.5 of the 72.4 hours claimed were reasonable. The Woodwards requested permission to file a motion for reconsideration, which the court denied, stating that the request did not meet the standard for reconsideration and merely reargued previously considered matters.The United States Court of Appeals for the Eighth Circuit affirmed the district court's decision. The appellate court found no merit in the Woodwards' arguments regarding the denial of their initial motion for attorney’s fees, the reduction of the hourly rate, and the number of hours deemed reasonable. The appellate court concluded that the district court did not abuse its discretion in its rulings and that the fee award was appropriate given the circumstances of the case. View "Woodward v. Credit Service Intl. Corp." on Justia Law

Rufus E. Dennis was convicted by a jury of attempted Hobbs Act robbery, possession of a firearm in furtherance of a crime of violence, possession of a firearm after having been convicted of a felony, and possession of a stolen firearm. He was sentenced to 270 months in prison. Dennis appealed, and the United States Court of Appeals for the Eighth Circuit affirmed his robbery conviction and two firearm convictions but vacated his conviction for possession of a firearm in furtherance of a crime of violence based on the Supreme Court's decision in United States v. Taylor. The case was remanded for resentencing.On remand, the United States District Court for the District of Nebraska imposed a 240-month sentence. Dennis appealed again, arguing that the district court erred procedurally and imposed a substantively unreasonable sentence. He contended that the district court improperly applied a five-level enhancement under USSG § 2B3.1(b)(2)(C) for brandishing or possessing a firearm during the robbery, despite not having obtained a handgun. The district court found that Dennis intended to possess a firearm during the robbery, based on his repeated discussions and actions to acquire one.The United States Court of Appeals for the Eighth Circuit reviewed the procedural and substantive reasonableness of the sentence. The court held that the district court did not err in applying the enhancement, as Dennis's conduct demonstrated with reasonable certainty his intent to possess a firearm. The court also found that the district court did not abuse its discretion in imposing an above-range sentence, considering the nature and circumstances of the offense and the potential harm to vulnerable individuals. The Eighth Circuit affirmed the district court's decision. View "United States v. Dennis" on Justia Law

Cedar Hills Investment Co., L.L.C. leased part of the ground under the Battlefield Mall in Springfield, Missouri, to Battlefield Mall LLC. Cedar Hills suspected that Battlefield was improperly deducting certain costs from revenue-sharing payments owed under the lease. Cedar Hills sued Battlefield, and the district court found that Battlefield had improperly deducted capital expenditures and some administrative costs from shared revenue. The court approved the deduction of security costs and other administrative costs but held that Battlefield failed to state charges to subtenants for deducted costs separately as required by the lease. Cedar Hills was awarded approximately $3.5 million in damages.The United States District Court for the Western District of Missouri held a bench trial and ruled in favor of Cedar Hills on several points, including the improper deduction of capital expenditures and the failure to separately state charges. However, the court also found that Battlefield's deduction of security costs was permissible.The United States Court of Appeals for the Eighth Circuit reviewed the case and affirmed the district court's findings regarding the improper deduction of capital expenditures and the failure to separately state charges. However, the appellate court found that the district court misidentified which administrative costs were deductible and miscalculated Cedar Hills's damages. The Eighth Circuit held that Battlefield's deduction of capital expenditures breached the lease, and the failure to separately state charges also breached the lease. The court affirmed the district court's finding that security costs were common area maintenance costs. The case was remanded for further proceedings to correctly identify deductible administrative costs and recalculate damages. The appellate court granted the parties' joint motion to supplement the record. View "Cedar Hills Investment Co. v. Battlefield Mall, LLC" on Justia Law