In a petition for attorney's fees pursuant to the Civil Asset Forfeiture Reform Act (CAFRA) after petitioner prevailed in an asset forfeiture proceeding pursuant to 21 U.S.C. section 853(n), denial of the petition is affirmed where the arguments for and against permitting a prevailing section 853(n) petitioner to receive attorneys' fees from the government were too closely balanced to allow the court of appeals to conclude that Congress's waiver of sovereign immunity clearly and unequivocally applied in this situation.

Read US v. Moser, No. 08-2909

Appellate Information

Submitted: April 17, 2009

Filed: November 18, 2009

Judges

Opinion by Judge Melloy

Defendant's drug possession conviction is affirmed where the district court did not err in finding there was no Fourth Amendment violation in a search of defendant's vehicle because the stop was properly administered under the authority of the Missouri State Highway Patrol, and defendant was not unlawfully detained when he consented to the search.

Read US v. Parker, No. 08-2883

Appellate Information

Submitted: April 14, 2009

Filed: November 18, 2009

Judges

Opinion by Judge Shepherd

In an ERISA action based on the discontinuation of plaintiff's long-term disability (LTD) benefits, summary judgment for defendant is affirmed in part where defendant-insurer could not be held liable for statutory penalties because 29 U.S.C. section 1132(c) only provided a cause of action against plan administrators.  However, the order is reversed in part where defendant's failure to comply with its duty under section 1133(2) to provide plaintiff with "a reasonable opportunity for a full and fair review" of defendant's decision to discontinue plaintiff's LTD benefits excused plaintiff's failure to exhaust before bringing suit under section 1132(a).

Read Brown v. J.B. Hunt Transp. Servs., Inc., No. 08-3803

Appellate Information

Argued October 8, 2009

Decided November 17, 2009

Judges

Opinion by Judge Riley

In a drug possession prosecution, dismissal of petitioner's habeas petition as untimely is affirmed where the Arkansas Court of Appeals was not a "state court of last resort," and therefore the statute of limitations began running immediately after the Arkansas Court of Appeals denied petitioner's motion for a rehearing.

Read Parmley v. Norris, No. 08-3107

Appellate Information

Submitted: September 24, 2009

Filed: November 16, 2009

Judges

Opinion by Judge Melloy

Defendant's child pornography sentence is affirmed where: 1) although the district court committed Gall error by requiring extraordinary circumstances to justify the requested non-Guidelines sentence, defendant failed to establish a reasonable probability that he would have received a lower sentence absent the error; and 2) the sentence was not outside the range of choice dictated by the facts of the case.

Read US v. Bain, No. 07-2981

Appellate Information

Submitted: June 9, 2009

Filed: November 16, 2009

Judges

Per Curiam

In the IRS's appeal from the tax court's determination that a partial disclaimer was valid as to an amount that subsequently passed to a foundation that the decedent named as a contingent beneficiary in her will, the order is affirmed where 1) Treasury Regulation section 20.2055-2(b)(1) did not speak in terms of the existence or finality of an accounting valuation at the date of death or disclaimer; and 2) the court of appeals could find no evidence of a clear Congressional intent suggesting a policy to maximize incentives for the Commissioner to challenge or audit returns.

Read Christiansen v. Comm'r of Int'l. Rev., No. 08-3844

Appellate Information

Submitted: September 22, 2009

Filed: November 13, 2009

Judges

Opinion by Judge Melloy

In a murder prosecution, the denial of petitioner's habeas petition is affirmed where the Arkansas Supreme Court identified and reasonably applied the correct legal standard for assessing whether the minor made a knowing and intelligent waiver of his Miranda rights.

Read Bell v. Norris, No. 07-3432

Appellate Information

Submitted: June 9, 2009

Filed: November 16, 2009

Judges

Opinion by Judge Melloy

Defendant's tax fraud conviction is affirmed where: 1) even if the burden were on the government to prove defendant's competence to stand trial, the government met its burden; and 2) the district court's finding by a preponderance of the evidence that defendant was competent to stand trial was not arbitrary, unwarranted, or clearly erroneous.

Read US v. Whittington, No. 08-3698

Appellate Information

Submitted: September 25, 2009

Filed: November 12, 2009

Judges

Opinion by Judge Riley

Defendant's drug conspiracy sentence is vacated where the Supreme Court's decisions in Gall and Burns changed the law of the circuit and granted authority to district courts that they lacked under the Eighth Circuit's pre-Gall precedents, including the authority to make certain major reductions in the absence of extraordinary assistance.

Read US v. Jensen, No. 06-2284

Appellate Information

Submitted: April 23, 2008

Filed: November 12, 2009

Judges

Opinion by Judge Colloton

In a 42 U.S.C. section 1983 action alleging excessive force by the police, denial of summary judgment based on qualified immunity is affirmed where the facts taken in the light most favorable to plaintiffs could establish the excessive use of force and unreasonable seizure in violation of the Fourth Amendment.

Read Nance v. Sammis, No. 09-1353

Appellate Information

Submitted: September 22, 2009

Filed: November 10, 2009

Judges

Opinion by Judge Murphy