Missouri Lawyers Media Missouri legal news and public notices

Where the district court increased the offense level of a criminal defendant in a fraud case on the ground that the conspiracy involved “the production or trafficking” of a counterfeit access device, the court should not have applied the enhancement ...

Tagged with: Criminal Law sentencing

Where a defendant who pleaded guilty to receipt of material involving the sexual exploitation of minors had a 1968 state conviction for committing lascivious acts with children, the district court did not err in concluding that the prior conviction triggered ...

Tagged with: Criminal Law Enhancements Prior Conviction sentencing

Where the government showed that an investment broker maintained personal assets in domestic and offshore entities and made attempts to shield his assets soon after the IRS made an assessment of taxes and threatened to levy on his assets, a ...

Tagged with: Criminal Law Sufficiency Of Evidence Tax Evasion

Where officers who were executing a search warrant on defendant’s home presented him with a gun but did not directly question him about the gun, the defendant was not being interrogated despite his claim that the officers’ actions were reasonably ...

Tagged with: Criminal Law Interrogation Miranda

Where a defendant, who was convicted on charges that he distributed heroin resulting in death, appealed the limitation of his cross examination of government witnesses, continued cross examination would have added only marginally to any impeachment that the defendant hoped ...

Tagged with: Criminal Law Drug Distribution

Where defendants facing drug conspiracy charges argued they were prejudiced because their ability to test the veracity of witnesses through cross examination was compromised by the witnesses’ conversations with each other, the district court did not abuse its discretion in ...

Tagged with: Criminal Law Drug Conspiracy hearsay

(1)Where a district court refused to allow evidence of a defendant’s state court convictions for sexual abuse of the same girl for which he was charged with sexually exploiting and other federal charges, the court did not abuse its discretion ...

Tagged with: Child Pornography Consent Criminal Law

Even though a child victim of sexual abuse never described the sexual act, the victim and her sister circled descriptive words on a diagram and evidence showed that when the mother entered her home the victims were crying and the ...

Tagged with: child abuse Criminal Law Sufficiency Of Evidence

Where owner-operators of leased trucks sued a motor carrier claiming violations of the Truth-in-Leasing regulations, the district court erred in dismissing Claims I and II because damage actions under the statute are subject to a four-year statute of limitations. Judgment ...

Tagged with: civil practice Statute Of Limitations

Post-arrest silence; methamphetamine 07-3361 United States of America, Plaintiff-Appellee, v. Natasha L. Gentry, Defendant-Appellant Appeal From: U.S. District Court for the Western District of Missouri Submitted: April 17, 2008 Filed: Feb. 9, 2009 Before: Judges Loken, Gibson and Melloy Opinion ...

Tagged with: methamphetamine

Timeliness; equitable tolling 07-3548 Firstcom Inc., a Minnesota Corporation, Appellant, v. Qwest Corp., a Colorado Corporation, Appellee Appeal From: U.S. District Court for the District of Minnesota Submitted: June 9, 2008 Filed: Feb. 9, 2009 Before: Judges Murphy, Bye and ...

Tagged with: Equitable Tolling timeliness