U.S. Eighth Circuit - The FindLaw 8th Circuit Court of Appeals Opinion Summaries Blog

June 2009 Archives

US v. Hernandez, No. 08-3460

Conviction and sentence for drug crimes is affirmed where: 1) the jury's verdict was supported by sufficient evidence to sustain a conviction for the offenses; and 2) defendant's sentence was substantively and procedurally reasonable, and not an abuse of the district court's discretion. 

Read US v. Hernandez, No. 08-3460

Appellate Information
Appeal from the United States District Court for the District of Nebraska.
Submitted: May 11, 2009
Filed: June 30, 2009

Judges
Before RILEY, SMITH, and COLLOTON, Circuit Judges.
Opinion RILEY, Chief Judge. 

Brummet v. Taylor, No. 08-1962

In a defamation action, district court's grant of judgment as a matter of law following jury verdict to plaintiffs is affirmed where the plaintiffs presented insufficient evidence to establish that anyone in defendant's  audience understood the individual plaintiffs to be the object of his statements. 

Read Brummet v. Taylor, No. 08-1962

Appellate Information
Appeal from the United States District Court for the Southern District of Iowa.
Submitted: February 12, 2009
Filed: June 30, 2009

Judges
Before LOKEN, Chief Judge, MELLOY and BENTON, Circuit Judges.
Opinion LOKEN, Chief Judge.  

US v. Garcia, No. 07-3720

Conviction for drug crimes is affirmed where: 1) the district court did not err in denying defendant's motion for judgment of acquittal, as sufficient testimony confirmed she knew of the conspiracy and intentionally joined it, and was an actual participant despite her minor role; and 2) the court did not abuse its discretion in denying her motion for new trial. 

Read US v. Garcia, No. 07-3720


Appellate Information
Appeal from the United States District Court for the District of South Dakota.
Submitted: November 11, 2008
Filed: June 30, 2009

Judges
Before MELLOY, BOWMAN, and SMITH, Circuit Judges.
Opinion BOWMAN, J. 

Taco John's of Huron, Inc. v. Bix Produce Co., LLC, No. 08-3432

In a negligence class action involving the provision of contaminated lettuce to restaurant franchises, appeal following district court's Rule 54(b) certification for immediate appeal is dismissed for lack of jurisdiction where the case does not present sufficient exigency as there is no danger or hardship in allowing it to take its ordinary course. 

Read Taco John's of Huron, Inc. v. Bix Produce Co., LLC, No. 08-3432

Appellate Information
Appeal from the United States District Court for the District of South Dakota.
Submitted: June 11, 2009
Filed: June 25, 2009

Judges
Before SMITH, ARNOLD, and SHEPHERD, Circuit Judges.
Opinion by ARNOLD, Circuit Judge.

US v. Jeffries, No. 08-3003

Sentence for abusive sexual contact of a child is reversed and remanded where: 1) defendant's challenge to the government's performance under the plea agreement is rejected as any error is neither clear nor obvious; and 2) the district court erred in increasing the criminal history category by concluding defendant had a prior sex offense conviction as there was no record evidence the victim in the prior crime was a minor as required by U.S.S.G. sec. 4B1.5(a). 

Read US v. Jeffries, No. 08-3003

Appellate Information
Appeal from the United States District Court for the District of South Dakota.
Submitted: March 10, 2009
Filed: June 25, 2009

Judges
Before WOLLMAN, BRIGHT, and COLLOTON, Circuit Judges.
Opinion by WOLLMAN, Circuit Judge.

US v. Suitt, No. 08-2688

Conviction for drug crimes is affirmed where the district court properly denied defendant's motion to suppress as the use of dog sniff that led to discovery of marijuana stored in defendant's automobile was not the result of an unconstitutionally prolonged traffic stop, and since there was reasonable suspicion to prolong the stop for additional questioning after the basis for the initial stop had been resolved, the use of dog sniff did not implicate Fourth Amendment and constituted a de minimis extension of the stop. 

Read US v. Suitt, No. 08-2688

Appellate Information
Appeal from the United States District Court for the Southern District of Iowa.
Submitted: January 13, 2009
Filed: June 25, 2009

Judges
Before LOKEN, Chief Judge, WOLLMAN and SHEPHERD, Circuit Judges.
Opinion by SHEPHERD, Circuit Judge.

Parkhurst v. Tabor, No. 08-2610

District court order dismissing plaintiff's action against state prosecutors claiming violation of equal protection based on prosecutor's decision to issue a nolle prosequi and forego prosecution of minor's biological father for felony sexual assault is affirmed where plaintiffs lacked standing to bring the claim as they did not suffer injury in fact.    

Read Parkhurst v. Tabor, No. 08-2610

Appellate Information
Appeal from the United States District Court for the Western District of Arkansas.
Submitted: May 13, 2009
Filed: June 25, 2009

Judges
Before WOLLMAN, JOHN R. GIBSON, and MURPHY, Circuit Judges.
Opinion by MURPHY, Circuit Judge.

Salguero-Fuentes v. Holder, No. 08-2320

Petition for review of an order affirming the immigration court's determination that it lacked jurisdiction to consider de novo plaintiff's Temporary Protected Status eligibility is granted and remanded to the Board of Immigration Appeals to review and interpret applicable statutes and decide whether an alien must exhaust administrative remedies before being able to rely on Temporary Protected Status eligibility in removal proceedings. 

Read Salguero-Fuentes v. Holder, No. 08-2320

Appellate Information
Petition for Review of an Order of the Board of Immigration Appeals.
Submitted: March 10, 2009
Filed: June 25, 2009

Judges
Before WOLLMAN, BRIGHT, and COLLOTON, Circuit Judges.
Opinion by BRIGHT, Circuit Judge.

US v. Arciniega, No. 08-3143

Conviction for drug crimes is affirmed where: 1) the district court did not abuse its discretion in refusing to authorize a subpoena duces tecum for previous traffic citations issued by police officer, as subjective intention plays no role in Fourth Amendment analysis and the burden of producing the records outweighed the possible relevance for documents; 2) the court did not err in rejecting defendant's challenge to the constitutionality of the windshield obstruction statute; and 3) the court did not err in denying defendant's motion to suppress evidence as the record supports the conclusion that defendant voluntarily consented to the search. 

Read US v. Arciniega, No. 08-3143

Appellate Information
Appeal from the United States District Court for the District of Nebraska.
Submitted: March 10, 2009
Filed: June 24, 2009


Judges
Before WOLLMAN, MELLOY, and GRUENDER, Circuit Judges.
Opinion by WOLLMAN, Circuit Judge.

Roederer v. J. Garcia Carrion, S.A., No. 08-2907

In a trademark infringement action, district court's dismissal on summary judgment of plaintiff's action on grounds the suit is barred by the equitable doctrine of laches is reversed and remanded where: 1) the court abused its discretion in concluding the doctrine of progressive encroachment applied as plaintiff did not yet have an actionable claim in 1995; 2) defendant was or should have been on notice that plaintiff objected to the use of the mark; and 3) defendant did not show undue prejudicial reliance. 

Read Roederer v. J. Garcia Carrion, S.A., No. 08-2907

Appellate Information
Appeal from the United States District Court for the District of Minnesota.
Submitted: March 10, 2009
Filed: June 24, 2009


Judges
Before: MURPHY, MELLOY, and SHEPHERD, Circuit Judges.
Opinion by SHEPHERD, Circuit Judge.

Chial v. Sprint/United Management Co., No. 08-2012

In a diversity action under a state whistleblower statute, district court's grant of summary judgment for defendant is affirmed where: 1) plaintiff did not make a good faith report of a violation or suspected violation of the law, as she did not believe the commission practice was illegal when she reported it, and thus her conduct is not statutorily protected; and 2) plaintiff's common law claim for wrongful discharge in violation of public policy fails as she did not form her belief that the practice was illegal until after she reported it. 

Read Chial v. Sprint/United Management Co., No. 08-2012

Appellate Information
Appeal from the United States District Court for the District of Minnesota.
Submitted: February 13, 2009
Filed: June 24, 2009


Judges
Before: WOLLMAN, HANSEN, and BYE, Circuit Judges.
Opinion by WOLLMAN, Circuit Judge.

US v. Cote, No. 08-3022

Conviction for drug crimes and firearms possession is affirmed where: 1) the district court properly denied defendant's motion to suppress evidence as the Fourth Amendment does not require the issuing judge to record sworn supplementary oral testimony, and thus the judge's failure to do so did not violate the Fourth Amendment or prevent meaningful review of the probable cause finding; and 2) the failure to record supplementary oral testimony did not constitute a violation of Fed. R. Crim. P. 41(d)(2)(c), as the rule is inapplicable since this was a state court warrant, sought and executed by state officers. 

Read US v. Cote, No. 08-3022

Appellate Information
Appeal from the United States District Court for the Northern District of Iowa
Submitted: May 14, 2009
Filed: June 23, 2009


Judges
Before RILEY, SMITH, and COLLOTON, Circuit Judges.
Opinion by RILEY, Circuit Judge.

US v. Missouri Industrial Energy Consumers, No. 08-3404

In a dispute involving enforcement of the Clean Water Act, district court's judgment against defendant is affirmed where: 1) the court did not err in finding defendant did not have standing to intervene in an action to enforce the Clean Water Act against the Metropolitan St. Louis Sewer District as defendant did not adequately allege that it would suffer a concrete and particularized injury, nor did it establish that its injury was fairly traceable to the challenged action and would likely to be redressed by a favorable decision; and 2) defendant did not have the right to intervene under either Fed. R. Civ. P. 24(a)(1) or 24(a)(2).    

Read US v. Missouri Industrial Energy Consumers, No. 08-3404

Appellate Information
Appeal from the United States District Court for the Eastern District of Missouri
Submitted: May 14, 2009
Filed: June 22, 2009

Judges
Before WOLLMAN, JOHN R. GIBSON, and MURPHY, Circuit Judges.
Opinion by MURPHY, Circuit Judge.

US v. Goodson, No. 08-2997

Conviction for drug crimes is affirmed where the district court did not abuse its discretion in concluding that defendant failed to show a fair and just reason to withdraw his guilty plea.   

Read US v. Goodson, No. 08-2997

Appellate Information
Appeal from the United States District Court for the Northern District of Iowa
Submitted: February 10, 2009
Filed: June 22, 2009


Judges
Before LOKEN, Chief Judge, MELLOY and BENTON, Circuit Judges.
Opinion by LOKEN, Chief Judge.

Portell v. AmeriCold Logistics, LLC, No. 08-2985

In an action involving the termination of an employment agreement, district court's grant of summary judgment for plaintiff is affirmed where defendant failed to effectively revoke its notice of non-renewal under the parties' employment agreement, and thus plaintiff was terminated without cause under the agreement and entitled to severance benefits.    

Read Portell v. AmeriCold Logistics, LLC, No. 08-2985

Appellate Information
Appeal from the United States District Court for the Western District of Missouri
Submitted: March 10, 2009
Filed: June 22, 2009


Judges
Before GRUENDER, ARNOLD and BENTON, Circuit Judges.
Opinion by GRUENDER, Circuit Judge.

US v. Bridges, No. 08-2959

Conviction for being a felon in possession of a firearm and ammunition is affirmed where: 1) the district court did not err in imposing an enhancement under Guidelines sec. 2K2.1(b)(6) for possession of a firearm in connection with another felony offense, as the court properly applied the preponderance of the evidence standard and found the enhancement warranted; and 2) the sentence was not unreasonable.   

Read US v. Bridges, No. 08-2959

Appellate Information
Appeal from the United States District Court for the Eastern District of Missouri
Submitted: April 15, 2009
Filed: June 22, 2009


Judges
Before RILEY, BENTON, and SHEPHERD, Circuit Judges.
Opinion by RILEY, Circuit Judge.

Gomez-Perez v. Holder, No. 08-2832

Petition for review of a decision affirming the denial of plaintiff's application for cancellation of removal is denied where the Immigration Judge and the Board of Immigration Appeals applied the proper legal standard in determining whether plaintiff's removal would cause an exceptional and extremely unusual hardship on his family.   

Read Gomez-Perez v. Holder, No. 08-2832


Appellate Information
Appeal from the Board of Immigration Appeals
Submitted: February 9, 2009
Filed: June 22, 2009


Judges
Before RILEY, SMITH, and SHEPHERD, Circuit Judges.
Opinion by SMITH, Circuit Judge.

US v. Redzic, No. 08-2418

Conviction for mail fraud, wire fraud, bribery and conspiracy is affirmed where: 1) the indictment, the government's case at trial, and the jury instructions were sufficient to support a conviction for the fraudulent deprivation of honest services in violation of 18 U.S.C. secs. 1341 and 1343; and 2) the evidence was sufficient to support defendant's conviction for bribing a state agent.    

Read US v. Redzic, No. 08-2418

Appellate Information
Appeal from the United States District Court for the Eastern District of Missouri
Submitted: May 13, 2009
Filed: June 22, 2009


Judges
Before WOLLMAN, JOHN R. GIBSON, and MURPHY, Circuit Judges.
Opinion by MURPHY, Circuit Judge.

US v. Kiderlen, No. 07-3902

Conviction and sentence for transporting child pornography is affirmed where: 1) the district court did not err in finding defendant was competent to stand trial; 2) the record before the district court was sufficient to support its finding that defendant's decision to waive the right to counsel was knowing, intelligent and voluntary; 3) the evidence was sufficient to support defendant's conviction; and 4) sentence was not unreasonable, nor did it violate the Eighth Amendment's prohibition on cruel and unusual punishment.   

Read US v. Kiderlen, No. 07-3902

Appellate Information
Appeal from the United States District Court for the Eastern District of Missouri
Submitted: June 9, 2008
Filed: June 22, 2009


Judges
Before LOKEN, Chief Judge, EBEL, and COLLOTON, Circuit Judges.
Opinion by COLLOTON, Circuit Judge.

B & B Hardware, Inc. v. Hargis Industries, Inc., No. 07-3866

In a trademark infringement action, district court's dismissal of plaintiff's action is reversed and remanded where the court erred in finding that the prior litigation between the parties collaterally estopped the current trademark infringement action, as the jury in that case had not addressed the likelihood of confusion between the parties' marks.

Read B & B Hardware, Inc. v. Hargis Industries, Inc., No. 07-3866.

Appellate Information
Appeal from the United States District Court for the Eastern District of Arkansas.
Submitted: September 25, 2008
Filed: June 22, 2009

Judges
Before BYE, BEAM, and SHEPHERD, Circuit Judges.
Opinion by SHEPHERD, Circuit Judge.

Harry Stephens Farms, Inc. v. Wormald Americas, Inc., No. 07-3547

In a tort action alleging the environmental contamination of Plaintiffs' property, summary judgment for Defendants on statute of limitations grounds is reversed where there was an issue of material fact as to whether Plaintiffs knew or reasonably should have known before the date at issue that their property had suffered a remediable injury as a result of Defendants' actions.

Read Harry Stephens Farms, Inc. v. Wormald Americas, Inc., No. 07-3547.

Appellate Information

Appeal from the United States District Court for the Eastern District of Arkansas.
Submitted: June 4, 2009
Decided: June 19, 2009

Judges
Before WOLLMAN, MURPHY, and MELLOY, Circuit Judges.
Opinion by PER CURIAM.

US v. Ruiz, No. 08-3360

In a drug possession prosecution, the denial of Defendant's motion to dismiss the indictment is affirmed, where: 1) warrantless inspections of commercial trucks advance a substantial governmental interest and are necessary; and 2) the Arkansas Motor Carrier Act provides a permissible warrant substitute.

Read the full decision in US v. Ruiz, No. 08-3360.

Appellate Information:

Appeal from the United States District Court for the Western District of Arkansas.
Submitted on June 8, 2009
Filed on June 18, 2009


Judges:

Before BYE, HANSEN, and BENTON, Circuit Judges.

Opinion by PER CURIAM.

Babinski v. Am. Family Ins. Group, No. 08-1986

In an action seeking a declaration of coverage under an auto insurance policy, summary judgment for Plaintiff is reversed, where the policy's household drop-down exclusion limited the liability coverage available in the wrongful death suit to the minimum amount required under state law.

Read the full decision in Babinski v. Am. Family Ins. Group, No. 08-1986.

Appellate Information:

Appeal from the United States District Court for the District of Minnesota.
Submitted on December 12, 2008
Filed on June 18, 2009

Judges:

Before COLLOTON and SHEPHERD, Circuit Judges, and GOLDBERG, Judge. The Honorable Richard W. Goldberg, United States Court of International Trade, sitting by designation.

Opinion by SHEPHERD, Circuit Judge.

Hernandez-Perez v. Holder, No. 08-2644

Petitioner's petition for review of the BIA's denial of his application for withholding of removal is denied where Petitioner's state child endangerment conviction was a "crime of moral turpitude", because the offense required a conscious disregard of a substantial risk to a child in his care.

Read the full decision in Hernandez-Perez v. Holder, No. 08-2644.

Appellate Information:

Petition for Review of an Order of the Board of Immigration Appeals.
Submitted March 10, 2009
Filed June 16, 2009

Judges:

Before WOLLMAN, BRIGHT, and COLLOTON, Circuit Judges.
Opinion by Circuit Judge WOLLMAN.