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

The Eighth Circuit affirmed defendant's convictions for domestic assault by an habitual offender and assaulting an intimate partner by suffocation or attempted suffocation. The court held that there was sufficient evidence to convict defendant of assaulting an intimate partner by suffocation or attempted suffocation and the jury's statement that it believed defendant was negligent did not undermine the jury's finding of recklessness. Furthermore, there were no allegations the jury considered extraneous information or was influenced improperly. The court held that the district court acted within its broad discretion in finding the jury followed its instructions. View "United States v. Thomas" on Justia Law

The Eighth Circuit affirmed defendant's sentence and conviction of wire fraud and unlawful monetary transaction. The court held that the district court did not abuse its discretion in admitting ATM-location evidence where the location of defendant's withdrawals -- an adult club -- was proof he might not have used investor funds for legitimate business expenses. The court held that the district court did not clearly err in applying a two-level vulnerable-victim enhancement where vulnerability no longer needed to contribute to success of the scheme; although the district court did not make explicit factual findings, the victims testified at sentencing; the district court heard arguments regarding whether that testimony warranted the enhancement; and defendant ignored the combination of factors he knew about the victims, including disability and alcoholism. Finally, the court lacked jurisdiction to review the district court's denial of a downward departure. View "United States v. Beyer" on Justia Law

The Eighth Circuit affirmed the district court's denial of defendants' motion to suppress evidence after they pleaded guilty to bank robbery. The court held that the district court properly concluded that the stop of a vehicle in which defendants were found in the trunk was supported by reasonable suspicion under the totality of the circumstances; the duration of the stop was reasonable where law enforcement pursued the mission of the stop -- assessing whether the vehicle was involved in a bank robbery -- diligently and without measurable delay; defendants lacked standing to challenge the search of the trunk; and any error in Defendant Mosely's designation as a career offender was harmless. View "United States v. Mosley, Jr." on Justia Law

The Eighth Circuit denied a petition for review of the BIA's dismissal of petitioner's appeal of his removal order. The court held that the BIA correctly determined that Minnesota misdemeanor domestic assault qualified as a crime of domestic violence and thus petitioner's conviction for this offense rendered him ineligible for cancellation of removal. View "Onduso v. Sessions" on Justia Law

The petition for rehearing by panel was granted and the previous opinion and judgment on July 10, 2017 was vacated.The Eighth Circuit denied a petition for review of the BIA's denial of petitioner's application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). Petitioner sought to narrow his defined social group, but the court lacked jurisdiction to consider the argument because it had not been raised before. The court held that the BIA's finding that petitioner did not suffer past persecution based on his political opinion was supported by substantial evidence. In this case, there was no nexus between any possible persecution and his political opinion or any other statutorily protected ground. Furthermore, while petitioner's fear of persecution may be genuine, he failed to point to specific facts indicating this fear was more than speculation of the possibility of future harm. View "Baltti v. Sessions" on Justia Law

The district court granted summary judgment to Effort for Aids in an action seeking to enjoin the Health Insurance Marketplace Innovation Act of 2013 (HIMIA), but denied attorney's fees under 42 U.S.C. 1988(b). The Eighth Circuit reversed the denial of attorney's fees, holding that Effort for AIDS's claims all arose from Missouri's passage of the HIMIA regulating Effort for AIDS, and thus the claims arose from a common nucleus of operative fact. The court remanded for further proceedings. View "St. Louis Effort For AIDS v. Lindley-Myers" on Justia Law

The Eighth Circuit denied petitions for review of the IJ's denial of petitioner's application for cancellation of removal and the BIA's dismissal of the subsequent appeal and denial of his motion to reconsider. The court held that the BIA did not err in finding that petitioner was ineligible for cancellation of removal, nor abused its discretion in denying his motion for reconsideration, because defendant's prior conviction for misdemeanor domestic assault under the Minnesota statute was a crime of violence under 18 U.S.C. 16(a). In this case, the BIA appropriately applied this circuit's law and did not abuse its discretion. View "Ramirez-Barajas v. Sessions" on Justia Law

During a traffic stop, police smelled marijuana and searched Hall’s car, finding 64 bags of marijuana and a loaded handgun. Hall texted his girlfriend, Merwin, stating he was “dirty.” Hall attempted to flee, punching an officer. Hall pled guilty to unlawful possession of a firearm. Before sentencing, Hall withdrew his plea. Hall was charged with possession with intent to distribute marijuana, possession of a firearm in furtherance of a drug trafficking crime, and possession of a firearm by a prohibited person. The government offered into evidence factual statements from Hall’s plea agreement, including Hall’s admission that he knowingly possessed the handgun while unlawfully using marijuana. Before closing arguments, a juror requested an escort for the jury to their cars, stating she was followed by Merwin for about two miles the previous day. Hall unsuccessfully moved for a mistrial. The district court instructed the jury that the incident was a coincidence and should not influence their decisions. The jury found Hall guilty on all counts. Based on two prior drug convictions and a Texas robbery conviction, the court determined Hall was a career offender, USSG 4B1.1(a), and an armed career criminal,18 U.S.C. 924(e)(1), and sentenced Hall to 360 months imprisonment. The Eighth Circuit affirmed. While a withdrawn plea agreement is generally inadmissible, Hall knowingly and voluntarily waived his rights under Rule 410. The court upheld denial of Hall's motion for a mistrial. Hall’s Texas conviction was a violent felony under the ACCA and a crime of violence under the Guidelines. View "United States v. Hall" on Justia Law

Defendant-appellant Richard Lincoln had his term of supervised release revoked. His revocation sentence included a new term of supervised release, which had the same special conditions as the original revoked term. Lincoln argued on appeal that the re-imposition of one condition in particular, a condition that he did not object to or appeal from when it was originally imposed, was outside the bounds of the district court’s discretion. Finding no abuse of discretion, the Eighth Circuit disagreed and affirmed the district court. View "United States v. Lincoln" on Justia Law

After the district court denied Anthony Scott’s motion to suppress guns seized from his home, Scott conditionally pleaded guilty to being a felon in possession of firearms, reserving the right to appeal the denial of his motion to suppress. Scott now appeals the order denying his motion, arguing primarily that the officers’ warrantless entry into the garage violated the Fourth Amendment. Scott also argued that his wife's later written consent did not purge the taint of the prior unlawful entry. Finally, he argued the search was not a valid parole search. Finding no merit to any of these arguments, the Eighth Circuit affirmed denial of Scott's motion to suppress. View "United States v. Scott" on Justia Law