Missouri Lawyers Media Missouri legal news and public notices

Where a receiver charged with recovering assets for victims of a Ponzi scheme sued a bank, which provided services to the scammers’ entities, arguing that the bank aided and abetted the scheme, the district court correctly found that there was ...

Tagged with: Bank Defendant Banks and Banking Fraud Scheme Sufficiency Of Evidence

Where a defendant was granted a certificate of appealability as to one issue but he failed to include the issue in his Section 2255 motion, the defendant forfeited the issue, so the judgment is affirmed. Judgment is affirmed. Fish v. ...

Tagged with: Criminal Law Issue on Appeal sentencing

Where a defendant challenged his sentence in a drug case, the district court did not impose an unreasonable sentence and did not clearly err in weighing the relevant factors, so the judgment is affirmed. Judgment is affirmed. U.S. v. Billings ...

Where a defendant challenged his sentence in a marijuana and money-laundering conspiracy, the judgment is affirmed because the defendant did not show that the district court mishandled his withdrawal of an objection to a sentencing enhancement because even if there ...

Where a debtor challenged an order granting relief from the automatic stay, the debtor did not obtain a stay pending appeal and the underlying property was sold to a bank at a foreclosure sale, so no effective relief can be ...

Tagged with: Bankruptcy Foreclosure Sale jurisdiction Relief from Stay

Where a defendant challenged the determination that he was an armed career criminal for sentencing purposes, the district court did not err in finding that his prior convictions under Missouri law qualified as serious drug offenses, so the judgment is ...

Tagged with: Criminal Law Prior Convictions sentencing

Where a defendant challenged his designation as an armed career criminal for sentencing purposes, a conviction for aggravated assault was not a violent felony under the Armed Career Criminal Act, so the judgment is reversed and remanded for consideration of ...

Where a defendant challenged the determination that he was an armed career criminal for sentencing purposes, the district court did not err in finding that his prior convictions under Missouri law qualified as serious drug offenses, so the judgment is ...

Tagged with: Criminal Law Prior Convictions sentencing

Defendant was convicted for failing to register as a sex offender and sentenced to imprisonment followed by supervised release. Defendant later had his supervised release revoked for failure to report, participate in substance-abuse treatment and register his new addresses. Although ...

Tagged with: Consideration of Statutory Sentencing Factors Criminal Law Failure to Register as Sex Offender Revocation of Supervision

Defendant pleaded guilty to conspiracy to distribute methamphetamine and possession of firearms by an illegal alien. The district court imposed a sentence reflecting a 66-month downward variance from the recommend guidelines range. On appeal, defendant argued her sentence was unreasonable ...

Tagged with: Conspiracy to Distribute Controlled Substances Criminal Law Downward Variance Possession of Firearms as Illegal Alien

Where a man committed to the custody of the state for hospitalization challenged the commitment order, the judgment is affirmed because the district court properly found that the man was suffering from a mental disease or defect such that his ...

Tagged with: Commitment Order Criminal Law Sufficiency Of Evidence