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8th U.S. Circuit Court of Appeals

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Insurance: Life Insurance-Shareholder Policies-Failure to Purchase Shares

Plaintiff co-owned a business with Daniel and J. Carson Cates. The shareholders purchased life insurance policies, the proceeds of which would be used to purchase a deceased shareholder’s interest. After Daniel died, the company received the life insurance proceeds but ...

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Immigration: Administrative Procedures Act-Relief under APA-Judicial Notice of Documents

Plaintiffs appealed from the summary judgment dismissal of their complaint for relief under the Administrative Procedures Act, after the district court declined to take judicial notice of certain documents. Where plaintiffs sought judicial notice of irrelevant documents or documents whose ...

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Employment: Sex Discrimination-Severe or Pervasive Conduct-Failure to Exhaust Administrative Remedies

Plaintiff appealed from the district court’s grant of summary judgment to defendant, in which the district court concluded that plaintiff had failed to exhaust administrative remedies in her retaliation claim, failed to state a prima facie claim for sex discrimination, ...

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Employment: NLRA-Unfair Labor Practice-Failure to Recognize Exclusive Bargaining Representative

Plaintiff petitioned for review of the NLRB’s order concluding that plaintiff engaged in unfair labor practices by refusing to recognize United Food and Commercial Workers, Local 655 as the exclusive collective bargaining representative for some of plaintiff’s employees. The NLRB ...

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Criminal Law: Unlawful Possession of Firearm-ACCA-Finding of Predicate Offenses

Defendant appealed from his mandatory minimum sentence under the ACCA, arguing that the district court violated his Sixth Amendment rights by determining itself that defendant had committed at least three predicate offenses, rather than submitting that determination to the jury. ...

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Criminal Law: Possession with Intent to Distribute-Calculation of Guidelines Range-Prior Convictions

  Defendant pleaded guilty to possession of heroin with intent to distribute. Defendant’s presentence investigation report included a prior Illinois conviction for aggravated unlawful use of a weapon. After the Illinois Supreme Court declared the statute of conviction unconstitutional in ...

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Criminal Law: Interstate Travel Failure to Register as Sex Offender “Knowingly” Element

Defendant appealed from his conviction under 18 U.S.C. §2250(a) for failing to register as a sex offender in Iowa after transferring his probation from Wisconsin. On appeal, defendant challenged the district court’s supplemental jury instructions, in response to the jury’s ...

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Criminal Law: Conspiracy to Distribute Methamphetamine-Challenge to Sentence-Assignment of Criminal History Points

  Defendant pleaded guilty to conspiracy to distribute methamphetamine and substances containing methamphetamine. On appeal, defendant challenged her sentence, arguing that the district court erroneously assigned criminal history points to her prior Iowa conviction for violation of probation. Where criminal ...

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Criminal Law: Conspiracy to Distribute-Sufficiency of Evidence-Ineffective Assistance of Counsel

Defendant appealed from his conviction for conspiracy to distribute a mixture and substance containing a detectible amount of cocaine. On appeal, defendant challenged several trial court rulings and argued that the trial court failed to instruct the jury properly. Defendant ...

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