U.S. Eighth Circuit

US v. Wood, No. 08-3998

2009-11-24T00:53:08Z

Defendant's sentence for sending threatening communications to a judge is affirmed where: 1) the district court reviewed defendant's mental health history and specifically addressed his disparity claim, providing sufficient reasoning to support imposition of the sentence; and 2) it was reasonable to conclude that defendant's threats would increase if he were not deterred by a Guidelines sentence.

Read US v. Wood, No. 08-3998

Appellate Information

Submitted: October 21, 2009

Filed: November 23, 2009

Judges

Opinion by Judge Benton

Kipkemboi v. Holder, No. 07-3460

2009-11-23T23:42:01Z

Petition for review of the BIA's order denying Kenyan petitioners' application for asylum is denied where: 1) because petitioner did not establish past persecution, she was not entitled to a rebuttable presumption of a well-founded fear of future persecution; 2) petitioners pointed to nothing that called into doubt the fundamental fairness of the procedures employed.

Read Kipkemboi v. Holder, No. 07-3460

Appellate Information

Submitted: October 20, 2009

Filed: November 23, 2009

Judges

Opinion by Judge Benton

US v. Moser, No. 08-2909

2009-11-18T22:41:44Z

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

US v. Parker, No. 08-2883

2009-11-18T22:36:05Z

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

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

2009-11-17T21:45:57Z

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

Parmley v. Norris, No. 08-3107

2009-11-16T20:21:24Z

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

US v. Bain, No. 07-2981

2009-11-16T20:19:25Z

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

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

2009-11-16T20:17:02Z

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

Bell v. Norris, No. 07-3432

2009-11-16T20:01:33Z

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

US v. Whittington, No. 08-3698

2009-11-12T22:36:27Z

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

US v. Jensen, No. 06-2284

2009-11-12T22:33:52Z

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

Nance v. Sammis, No. 09-1353

2009-11-10T21:35:26Z

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

Flowers v. Norris, No. 09-1083

2009-11-10T21:28:27Z

In a robbery prosecution, denial of petitioner's habeas petition is affirmed where: 1) the record clearly showed that defense counsel based his decision not to seek a severance of petitioner's trial on his general denial defense, not on any mistaken understanding about the admissibility of petitioner's conviction prior to trial; and 2) thus, counsel did not render ineffective assistance.

Read Flowers v. Norris, No. 09-1083

Appellate Information

Submitted: September 25, 2009

Filed: November 10, 2009

Judges

Opinion by Judge Gruender

Clemons v. Crawford, No. 08-2807

2009-11-10T21:25:34Z

In a 42 U.S.C. section 1983 action challenging the manner in which Missouri's written lethal injection protocol might be implemented in future executions, dismissal of the action is affirmed where the complaint made no factual allegations suggesting any current or prospective member of Missouri's execution team would intentionally or unintentionally deviate from or ignore the written protocol.

Read Clemons v. Crawford, No. 08-2807

Appellate Information

Submitted: February 11, 2009

Filed: November 10, 2009

Judges

Opinion by Judge Riley

White v. Nat'l Football League, No. 08-2001

2009-11-10T21:23:30Z

In a case involving whether, after NFL quarterback Michael Vick was convicted of dog fighting charges, his team was entitled to recover certain bonus money he earned, rulings against the NFL are affirmed where: 1) the district court properly rejected the NFL's argument that Vick's roster bonuses were signing bonus allocations subject to the years-performed test; and 2) it did not err in determining that the bonuses were earned when Vick met the roster provisions in his contract, and were thus not subject to forfeiture pursuant to the terms of a settlement in an antitrust class action and the CBA. Moreover, the denial of the NFL's motion to recuse the district judge and terminate the consent decree is affirmed where 1) there was no indication that the NFL was restrained by any fear of antitrust liability; 2) the parties' agreement to the district court's involvement mitigated concerns about unsettling the power structure under the labor laws; and 3) the district judge's comments to the press did not create an appearance of partiality.

Read White v. Nat'l Football League, No. 08-2001

Appellate Information

Submitted: March 12, 2009

Filed: November 10, 2009

Judges

Opinion by Judge Wollman