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

January 2010 Archives

Oglesby v. Bowersox, No. 09-1864

In a prosecution for attempting to produce or manufacture a controlled substance, denial of petitioner's habeas petition is affirmed where the allegedly ineffective assistance of petitioner's postconviction counsel did not constitute cause for procedural default.

Read Oglesby v. Bowersox, No. 09-1864

Appellate Information

Submitted: December 18, 2009

Filed: January 29, 2010

Judges

Opinion by Judge Benton

US v. Martinez-Hernandez, No. 09-1420

Defendant's sentence for transporting a minor (his 11-year-old step-daughter) to engage in sexual activity is affirmed where the district court did not commit a significant procedural error by applying an abduction enhancement to defendant's sentence.

Read US v. Martinez-Hernandez, No. 09-1420

Appellate Information

Submitted: December 14, 2009

Filed: January 29, 2010

Judges

Opinion by Judge Benton

US v. Thomas, No. 08-3946

Defendant's conviction for distributing crack cocaine is affirmed where: 1) considering the similarities between the crimes charged and the subsequent-acts evidence introduced by the government, the mere passage of four years' time between the events did not render the evidence irrelevant to show knowledge or intent; and 2) the evidence rationally  supported an inference that defendant sold crack cocaine to a confidential informant in violation of 21 U.S.C. sections 841(a)(1) and (b)(1)(C).

Read US v. Thomas, No. 08-3946

Appellate Information

Submitted: September 21, 2009

Filed: January 29, 2010

Judges

Opinion by Judge Hansen

US v. Morrison, No. 08-3883

Defendant's conviction for possessing pseudoephedrine knowing it would be used to manufacture methamphetamine is affirmed where: 1) the information in support of the search warrant at issue supported a belief that defendant was engaged in an ongoing criminal enterprise and that evidence of her illegal activities would be found at her residence; and 2) based on the information obtained from a police drive-by, the government informant, and other investigative efforts, the police had sufficient cause to believe that certain chemical odors emanated from the defendant's house.

Read US v. Morrison, No. 08-3883

Appellate Information

Submitted: September 25, 2009

Filed: January 29, 2010

Judges

Opinion by Judge Smith

US v. Ghane, No. 08-3700

In defendant's appeal from a district court order finding him mentally incompetent to stand trial, the order is reversed where: 1) the magistrate judge erred in relying too much on defendant's actions two years prior to the current competency determination, particularly in light of defendant's actions since that time; and 2) the magistrate judge erred in relying on defendant's desire to be found competent as evidence of his incompetence to stand trial.

Read US v. Ghane, No. 08-3700

Appellate Information

Submitted: April 14, 2009

Filed: January 29, 2010

Judges

Opinion by Judge Hansen

US v. Sandstrom, No. 08-3161

Defendants' murder and firearm use convictions are affirmed where 1) it was the government's evidence -- not any perceived conflict between defendants' defense theories -- that was the basis for the jury's verdicts, and thus the district court did not abuse its discretion by declining to sever defendants' trials; 2) given the multiple purposes of defendants' separate acts at different times and locations, the district court did not err in refusing to dismiss certain counts of the indictment; and 3) 18 U.S.C. section 245 was a valid exercise of Congress's power under the Thirteenth Amendment.

Read US v. Sandstrom, No. 08-3161

Appellate Information

Submitted: September 22, 2009

Filed: January 29, 2010

Judges

Opinion by Judge Smith

US v. Young, No. 08-2428

In a tax fraud prosecution, the district court's wage garnishment order in favor of the government and its denial of defendant's motion to proceed in forma pauperis are affirmed for the reasons stated by the district court.

Read US v. Young, No. 08-2428

Appellate Information

Submitted: July 7, 2009

Filed: January 29, 2010

Judges

Per Curiam

US v. Turpin, No. 08-1585

Defendant's robbery and attempted murder convictions are affirmed where: 1) the district court's denial of defendant's motion to sever his trial from that of his brother did not prejudice him because the record showed that defendant chose to testify for reasons other than simply exonerating his brother; and 2) no reasonable juror would infer from the prosecution's cross-examination of a defense psychologist that successful malingering would in fact get defendant "out of trouble" by setting him free.

Read US v. Turpin, No. 08-1585

Appellate Information

Submitted: October 22, 2009

Filed: January 29, 2010

Judges

Opinion by Judge Loken

US v. Romo-Corrales, No. 09-1072

Defendant's conviction for conspiracy to distribute methamphetamine is affirmed where: 1) an officer's failure to address the on-going drug investigation of defendant in the affidavit in support of a search warrant did not destroy the probable cause necessary for the warrant; and 2) the officers lawfully conducted the search pursuant to the search warrant.

Read US v. Romo-Corrales, No. 09-1072

Appellate Information

Submitted: October 23, 2009

Filed: January 28, 2010

Judges

Opinion by Judge Shepherd

Averianova v. Holder, No. 08-3167

In a petition for review of the BIA's denial of petitioner's motion to reopen her removal proceedings, the petition is denied where: 1) petitioner provided no meaningful argument in her brief to support her claim that the BIA abused its discretion in denying her motion to reconsider; and 2) petitioner failed to demonstrate changed conditions in her native Uzbekistan.

Read Averianova v. Holder, No. 08-3167

Appellate Information

Submitted: October 20, 2009

Filed: January 28, 2010

Judges

Opinion by Judge Gruender

In re: Norfolk Southern Rwy. Co., No. 09-2210

In a Federal Employers' Liability Act (FELA) action based on plaintiff's injury while working on a railroad terminal, the district court's order remanding the action is affirmed where plaintiff's duties were completed before the rail car loading process began, and thus he did not meet the status requirement of the Longshore Act and his claims did not arise under federal law.

Read In re: Norfolk Southern Rwy. Co., No. 09-2210

Appellate Information

Submitted: September 21, 2009

Filed: January 27, 2010

Judges

Opinion by Judge Hansen

US v. Lange, No. 08-3957

Defendant's embezzlement sentence is affirmed where: 1) as defendant at sentencing did not tie any transfers of funds listed on a government exhibit to specific cars he sold, and presented no evidence as to the amount of sales commissions paid to other salesmen on cars they sold, the district court properly rejected defendant's theory that his restitution award should be reduced by sales commissions he earned; 2) as defendant made no disclosure that he was paying himself commissions on car sales, and failed to prove these payments were legitimate sales commissions, as opposed to embezzled profits, the transfers of funds from the credit union accounts at issue were part of the credit union's losses; and 3) defendant failed to refute proof that all funds he withdrew without credit union approval were part of the total victim loss caused by his embezzlement scheme.

Read US v. Lange, No. 08-3957

Appellate Information

Submitted: October 23, 2009

Filed: January 27, 2010

Judges

Opinion by Judge Loken

Country Life Ins. Co. v. Marks, No. 08-2741

In an action by an insurer seeking a declaratory judgment that defendants were not entitled to death benefits from the policy at issue, summary judgment for plaintiff is reversed where there was an issue of material fact as to whether the pecuniary relationship between the deceased and defendants was sufficient to create an insurable interest.

Read Country Life Ins. Co. v. Marks, No. 08-2741

Appellate Information

Submitted: September 24, 2009

Filed: January 27, 2010

Judges

Opinion by Judge Bye

Zoltek Corp. v. Structural Polymer Group, No. 08-3928

In an action claiming that defendant fraudulently committed to purchase carbon fiber from plaintiff, dismissal of the complaint is affirmed where plaintiff's allegations did not plausibly suggest, nor could a jury reasonably infer, that plaintiff reasonably relied upon defendant's representations.

Read Zoltek Corp. v. Structural Polymer Group, No. 08-3928

Appellate Information

Submitted: September 24, 2009

Filed: January 26, 2010

Judges

Opinion by Judge Riley

McCoy v. Augusta Fiberglass Coatings, Inc., No. 08-2818

In a personal injury action claiming that defendant manufactured a defective oil tank, judgment for plaintiff is affirmed where: 1) the district court appropriately declined to allow the jury to assign a percentage of fault to a nonparty to the suit; 2) the jury instruction did not foreclose the jury from considering the third party's conduct as an intervening event; and 3) defendant failed to show how it was prejudiced by the district court's exclusion of an expert report.

Read McCoy v. Augusta Fiberglass Coatings, Inc., No. 08-2818

Appellate Information

Submitted: September 21, 2009

Filed: January 26, 2010

Judges

Opinion by Judge Smith

Guillen-Hernandez v. Holder, No. 09-1279

In petitions for review of the BIA's denial of petitioners' asylum applications, the petitions are denied where: 1) the murders of petitioners' family members were not persecution within the meaning of 8 U.S.C. section 1101(a)(42)(A) because they were not committed by the government; and 2) petitioners did not claim they were persecuted on account of race, religion, nationality, or political opinion.

Read Guillen-Hernandez v. Holder, No. 09-1279

Appellate Information

Submitted: October 20, 2009

Filed: January 25, 2010

Judges

Opinion by Judge Riley

Wallingford v. Olson, No. 09-1271

In a 42 U.S.C. section 1983 alleging excessive force by the police, the denial of summary judgment to defendant-officer based on qualified immunity is reversed where videotape evidence demonstrated, as a matter of law, that the officer's conduct was objectively reasonable under the circumstances.

Read Wallingford v. Olson, No. 09-1271

Appellate Information

Submitted: November 17, 2009

Filed: January 25, 2010

Judges

Opinion by Judge Riley

US v. Spencer, No. 09-1196

Defendants' cocaine distribution convictions and sentences are affirmed where: 1) the indictment was not duplicitous because the evidence, viewed most favorably to the verdict, sufficiently established a single conspiracy between defendants; 2) to meet its burden, the government needed to show only that each defendant conspired with others within the limitations period; and 3) a reasonable juror would not naturally and necessarily interpret a codefendant's opening statement as commenting on defendants' failure to testify.

Read US v. Spencer, No. 09-1196

Appellate Information

Submitted: October 20, 2009

Filed: January 21, 2010

Judges

Opinion by Judge Benton

Partial Concurrence and Partial Dissent by Judge Beam

Lewis v. Heartland Inns of Am., L.L.C., No. 08-3860

In a sex discrimination action, summary judgment for defendant is reversed where: 1) plaintiff's supervisor's criticism of plaintiff for lack of "prettiness" and the "Midwestern girl look" before terminating her could be found by a reasonable factfinder to be evidence of wrongful sex stereotyping; and 2) the district court erred in requiring plaintiff to offer evidence that similarly situated men were treated differently.

Read Lewis v. Heartland Inns of Am., L.L.C., No. 08-3860

Appellate Information

Submitted: October 21, 2009

Filed: January 21, 2010

Judges

Opinion by Judge Murphy

Dissent by Judge Loken

Hawks v. J.P. Morgan Chase Bank, No. 08-3668

In a sex discrimination action, dismissal of the complaint is affirmed where: 1) plaintiff failed to timely respond to defendant's motion to dismiss, and plaintiff's assertion in his motion for extension of time that his counsel was occupied with other hearings did not constitute excusable neglect; and 2) plaintiff's complaint failed to allege facts showing that he was treated differently from similarly-situated female employees.

Read Hawks v. J.P. Morgan Chase Bank, No. 08-3668

Appellate Information

Submitted: September 21, 2009

Filed: January 21, 2010

Judges

Opinion by Judge Smith

Sanchez-Velasco v. Holder, No. 09-2131

In a petition for review of the BIA's denial of petitioner's application for cancellation of removal on the basis that he failed to prove that he had been continuously physically present in the U.S. for ten years, the petition is denied where: 1) petitioner failed to provide reasonably available corroborative evidence; and 2) petitioner lacked a protected due process interest in the ultimately discretionary relief of cancellation of removal.

Read Sanchez-Velasco v. Holder, No. 09-2131

Appellate Information

Submitted: January 14, 2010

Filed: January 20, 2010

Judges

Opinion by Judge Murphy

US v. Rill, No. 09-1262

Defendant's sentence for attempted escape from federal custody is affirmed where the district court did not clearly err in finding that defendant was about to complete all of the acts necessary for the escape but for discovery of the escape attempt by corrections officers, and thus defendant was not entitled to a three-level reduction in his base offense level under U.S.S.G. section 2X1.1(b)(1).

Read US v. Rill, No. 09-1262

Appellate Information

Submitted: November 20, 2009

Filed: January 20, 2010

Judges

Opinion by Judge Gruender

Huggins v. FedEx Ground Package Sys., Inc., No. 09-3144

In an action arising out of a truck accident, summary judgment for defendants is affirmed in part where the district court did not clearly err in finding that plaintiff consciously opted against timely obtaining one truck driver's testimony.  However, the judgment is reversed in part where one defendant retained the right to control at least some of the "means and methods" used by the independent contractor that employed one of the drivers to achieve the contract's stated objectives.

Read Huggins v. FedEx Ground Package Sys., Inc., No. 09-3144

Appellate Information

Submitted: November 10, 2009

Filed: January 19, 2010

Judges

Opinion by Judge Arnold

Damkam v. Holder, No. 08-3808

In a petition for review of the BIA's denial of petitioner's asylum application, the petition is denied where the Immigration Judge cited several inconsistencies and omissions in the record, implausible testimony, and an absence of corroboration that reasonably justified a finding that petitioner's claims were not credible.

Read Damkam v. Holder, No. 08-3808

Appellate Information

Submitted: September 22, 2009

Filed: January 15, 2010

Judges

Opinion by Judge Colloton

Reynolds v. RehabCare Group E., Inc., No. 09-1144

In an action claiming that defendant-employer discriminated against plaintiff based on her military status and failed to rehire her upon her return from active military duty, in violation of the Uniform Services Employment and Reemployment Rights Act of 1994, summary judgment for defendant is affirmed for the reasons stated by the district court.

Read Reynolds v. RehabCare Group E., Inc., No. 09-1144

Appellate Information

Submitted: November 17, 2009

Filed: January 14, 2010

Judges

Opinion by Judge Riley

US v. Munoz, No. 09-1359

Defendant's firearm possession conviction is affirmed where: 1) the district court's factual findings, which were not clearly erroneous, showed that defendant was not detained in violation of his rights; and 2) the district court properly concluded that the contraband in defendant's backpack would have been inevitably discovered.

Read US v. Munoz, No. 09-1359

Appellate Information

Submitted: November 18, 2009

Filed: January 13, 2010

Judges

Opinion by Judge Benton

US v. Hamilton, No. 08-3233

Defendant's child pornography conviction is affirmed where: 1) the officers who performed a warrantless search of defendant's home had reasonable suspicion to do so; and 2) there was no justification for applying the exclusionary rule based on a defect in a later search warrant, because the detective who prepared the warrant merely made a clerical error.

Read US v. Hamilton, No. 08-3233

Appellate Information

Submitted: April 17, 2009

Filed: January 13, 2010

Judges

Opinion by Judge Hansen

US v. Molnar, No. 09-1326

Defendant's embezzlement sentence is reversed where the district court's assertion in enhancing defendant's sentence that defendant's actions hindered drug task force agents from having adequate "drug buy" money was inaccurate, and this error was plain because there was no evidence that undercover drug task force work was actually impaired.

Read US v. Molnar, No. 09-1326

Appellate Information

Submitted September 21, 2009

Filed January 12, 2010

Judges

Opinion by Judge Beam

Cherichel v. Holder, No. 08-3736

In a petition for review of the BIA's order denying petitioner's request for deferral of removal under the Convention Against Torture (CAT), the petition is denied where the CAT's specific intent element could not be satisfied by a showing that severe physical or mental pain or suffering is merely foreseeable.

Read Cherichel v. Holder, No. 08-3736

Appellate Information

Submitted October 21, 2009

Filed January 12, 2010

Judges

Opinion by Judge Shepherd

US v. Deans, No. 08-3871

Defendant's drug sentence is affirmed where: 1) merely showing that defendant was less culpable than other participants in the conspiracy at issue was not enough to entitle defendant to a minor role adjustment, as defendant was deeply involved in the offense; and 2) the district court's imposition of a five-year term of supervised release was neither an upward departure nor procedural error.

Read US v. Deans, No. 08-3871

Appellate Information

Submitted: October 23, 2009

Filed: January 11, 2010

Judges

Opinion by Judge Loken

Lopez-Lopez v. Sanders, No. 08-3520

Denial of petitioner's habeas petition is affirmed where the fact that petitioner's claim was previously raised in a 28 U.S.C. section 2255 motion and rejected by the sentencing court did not provide the necessary showing that section 2255 was inadequate or ineffective.

Read Lopez-Lopez v. Sanders, No. 08-3520

Appellate Information

Submitted: November 16, 2009

Filed: January 11, 2010

Judges

Opinion by Judge Benton

Wells Fargo Home Mortgage v. Lindquist, No. 08-3442

In an action by a Chapter 7 bankruptcy trustee to avoid the pre-petition transfer of a mortgage from debtor to a bank, summary judgment for plaintiff is affirmed where: 1) because defendant-bank was already a creditor of the debtor when it received the mortgage from the debtor, the mortgage was transferred "to or for the benefit of a creditor"; and 2) the transfer of the mortgage diminished the bankruptcy estate.

Read Wells Fargo Home Mortgage v. Lindquist, No. 08-3442

Appellate Information

Submitted: October 22, 2009

Filed: January 11, 2010

Judges

Opinion by Judge Gruender

American Home Assur. Co. v. Pope, No. 08-2848

In an action by an insurer seeking a declaration that it was not liable under a professional liability insurance policy for the acts of a psychologist who treated a victim of sexual abuse but failed to report the abuse, summary judgment for insurer is reversed where the "knowingly wrongful" exclusion in the policy on which the order was based was ambiguous.

Read American Home Assur. Co. v. Pope, No. 08-2848

Appellate Information

Submitted: February 11, 2009

Filed: January 11, 2010

Judges

Opinion by Judge Riley

US v. Hennecke, No. 09-1486

Defendant's firearm possession sentence is affirmed where the offense of physically stealing from a person was squarely within the ambit of the crimes of violence that U.S.S.G. section 4B1.2(a) was intended to include -- prior felonies that evidenced a greater danger to society if the felon subsequently possessed a firearm.

Read US v. Hennecke, No. 09-1486

Appellate Information

Submitted: September 24, 2009

Filed: January 8, 2010

Judges

Opinion by Judge Loken

US v. Williams, No. 09-1411

Defendant's sentence for making a threatening telephone communication is affirmed where: 1) defendant's conduct squarely fell under U.S.S.G. section 3B1.4's definition of "use of a minor" and the district court did not err in imposing the two-level enhancement; and 2) defendant failed to object to the district court's reliance on subsequent calls made by plaintiff in determining the sentence.

Read US v. Williams, No. 09-1411

Appellate Information

Submitted: November 18, 2009

Filed: January 8, 2010

Judges

Opinion by Judge Riley

Brawner v. Allstate Indem. Co., No. 08-3544

In an action against an insurer for denying plaintiffs' claim on a homeowners insurance policy, judgment for defendant is affirmed where: 1) plaintiffs did not dispute that defendant established that the documents concerning the foreclosure on plaintiffs' property were kept in the ordinary course of a bank's conducted business; 2) the jury reasonably concluded that plaintiffs intended to mislead defendant regarding their arrearage and notice of a foreclosure; and 3) a reasonable jury could find that each of plaintiffs' misrepresentations pertained to a material fact or circumstance.

Read Brawner v. Allstate Indem. Co., No. 08-3544

Appellate Information

Submitted: September 21, 2009

Filed: January 8, 2010

Judges

Opinion by Judge Colloton

PRM Energy Sys., Inc. v. Primenergy, L.L.C., No. 08-1987

In an action for tortious interference with, and inducement to breach, agreements regarding the development of a gasification technology, grant of defendant's motion to compel arbitration is affirmed where: 1) the district court did not err in its reliance on a concerted misconduct theory of alternative estoppel to grant defendant nonsignatory's motion to compel arbitration; and 2) in light of the interpretive preference for arbitration, plaintiff's tort claims were "disputes arising under" the agreements and were therefore within the scope of the broad arbitration clause.

Read PRM Energy Sys., Inc. v. Primenergy, L.L.C., No. 08-1987

Appellate Information

Submitted: October 15, 2008

Filed: January 8, 2010

Judges

Opinion by Judge Melloy

US v. Lemon, No. 09-1408

Defendant's child pornography conviction is affirmed where the information in the affidavit in support of the police's warrant to search defendant's home raised a fair probability that a search of the apartment would result in the discovery of child pornography.

Read US v. Lemon, No. 09-1408

Appellate Information

Submitted: November 20, 2009

Filed: January 7, 2010

Judges

Opinion by Judge Wollman

C.N. v. Willmar Pub. Sch., No. 08-3019

In an action under the Individuals with Disabilities in Education Act and 42 U.S.C. section 1983 based on the alleged maltreatment of an autistic student by defendant school district, dismissal of the complaint is affirmed where: 1) plaintiff failed to timely request a due process hearing prior to his transfer to another district; and 2) the complaint failed to identify an unconstitutional district policy or custom that caused the alleged injuries.

Read C.N. v. Willmar Pub. Sch., No. 08-3019

Appellate Information

Submitted: June 11, 2009

Filed: January 7, 2010

Judges

Opinion by Judge Beam

In re: Prempro Prods. Liab. Litig., No. 09-1205

In a products liability action concerning an allegedly defective hormone replacement drug, the district court's orders denying plaintiffs' motion to remand and dismissing duplicative actions are reversed where the plaintiffs' alleged misjoinder to defeat diversity jurisdiction was not so egregious as to constitute fraudulent misjoinder.

Read In re: Prempro Prods. Liab. Litig., No. 09-1205

Appellate Information

Submitted: September 24, 2009

Filed: January 6, 2010

Judges

Opinion by Judge Bright

US v. Maxwell, No. 09-1510

Defendants' cocaine base sentences are vacated where the retroactive amendments to the cocaine base Sentencing Guidelines permitted sentence modifications, but the district court lacked authority to impose sentences below the amended Guidelines range.

Read US v. Maxwell, No. 09-1510

Appellate Information

Submitted: October 20, 2009

Filed: January 4, 2010

Judges

Opinion by Judge Wollman

Losh v. Fabian, No. 09-1394

In habeas corpus proceedings following the Minnesota Supreme Court's affirmation of the revocation of petitioner's probation and the execution of her stayed 120 month sentence for aiding and abetting kidnapping, denial of the petition is affirmed where: 1) the state supreme court's conclusion that a Fields appeal was not a form of direct review under Minnesota law was not contrary to or an unreasonable application of clearly established federal law; and 2) Jimenez v. Quarterman, 129 S. Ct. 681 (2009), was not clearly established federal law at the time of the state supreme court's decision.

Read Losh v. Fabian, No. 09-1394

Appellate Information

Submitted: November 18, 2009

Filed: January 4, 2010

Judges

Opinion by Judge Murphy

US v. Mutschelknaus, No. 09-1106

Defendant's child pornography conviction is affirmed where: 1) a search warrant application contained sufficiently detailed descriptions of the images defendant sent to permit the issuing judge to make an independent finding of probable cause; and 2) a sixty-day extension granted for examining defendant's computer did not prejudice defendant and the officers performing the search did not show a reckless disregard of proper procedure.

Read US v. Mutschelknaus, No. 09-1106

Appellate Information

Submitted: October 21, 2009

Filed: January 4, 2010

Judges

Opinion by Judge Gruender

Armstrong v. Kemna, No. 09-2495

In a murder prosecution, a grant of petitioner's habeas petition is reversed where: 1) there was insufficient evidence to show that certain state witnesses had a motive to fabricate petitioner's guilt; and 2) the district court did not give proper weight to the credibility of the uncalled witnesses, the interplay between the uncalled witnesses and the actual defense witnesses called, and the strength of the evidence presented by the prosecution in determining the prejudice caused by defense counsel's allegedly ineffective performance.

Read Armstrong v. Kemna, No. 09-2495

Appellate Information

Submitted: September 22, 2009

Filed: January 5, 2010

Judges

Opinion by Judge Riley

In re: Baycol Prods. Litig., No. 09-1069

In an appeal from the district court's order enjoining plaintiffs in a products liability class action from relitigating in state court the certification of a West Virginia class, the order is affirmed where: 1) the relitigation exception to the Anti-Injunction Act permitted an injunction barring relitigation in state court of a federal court's denial of class certification; and 2) plaintiffs were collaterally estopped by the federal denial of class certification from relitigating the issue.

Read In re: Baycol Prods. Litig., No. 09-1069

Appellate Information

Submitted: November 17, 2009

Filed: January 5, 2010

Judges

Opinion by Judge Murphy

McNamara v. Astrue, No. 09-1124

In an appeal from the Social Security Commissioner's denial of petitioner's application for Supplemental Security Income, the order is affirmed where: 1) substantial evidence supported the ALJ's rejection of petitioner's claim that her obesity qualified her for benefits; and 2) the ALJ's decision adequately addressed petitioner's other alleged impairments.

Read McNamara v. Astrue, No. 09-1124

Appellate Information

Submitted: October 22, 2009

Filed: January 5, 2010

Judges

Opinion by Judge Colloton

US v. Smith, No. 09-1036

Defendant's conviction for aggravated sexual abuse of a child is affirmed where: 1) the district court was not required to make a finding on the record as to each of the Fed. R. Evid. 807 requirements and the Thunder Horse factors as long as the record demonstrated that the district court considered the relevant factors; 2) because defendant did not show that playing the entire DVD recording of the forensic interview with the victim had a substantial influence on the jury's verdict, any error in admitting it was harmless; and 3) a witness was qualified to give her lay opinion based on her personal knowledge and perception of the victim and her experience performing forensic interviews of allegedly abused children.

Read US v. Smith, No. 09-1036

Appellate Information

Submitted: October 22, 2009

Filed: January 5, 2010

Judges

Opinion by Judge Gruender