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as a courtesy to the reader. They are not part of the opinion of the court.
121004P.pdf 01/28/2013 United States v. Ralph Frisch U.S. Court of Appeals Case No: 12-1004 U.S. District Court for the District of Minnesota - St. Paul [PUBLISHED] [Smith, Author, with Loken and Benton, Circuit Judges]
Criminal case - Sentencing. When calculating intended loss, the appropriate inquiry is what the loss would have been if defendant had not been caught, and the district court did not err in including future Social Security payments defendant would have received in setting the amount of the intended loss; sentence, which was well below the bottom of the advisory guidelines range, was not an abuse of discretion or substantively unreasonable. 121273P.pdf 01/28/2013 United States v. Viengxay Chantharath U.S. Court of Appeals Case No: 12-1273 and No: 12-1620 U.S. District Court for the District of South Dakota - Sioux Falls [PUBLISHED] [Riley, Author, with Beam and Colloton, Circuit Judges]
Criminal case - Criminal law and Sentencing. Claim that there was variance between the single conspiracy charged and the proof rejected; officers' knowledge of defendant Chantharath' prior drug dealing and the suspicious activity associated with his motel room gave the officers reasonable suspicion to stop a vehicle after it left the motel and question its occupants; acts in furtherance of the conspiracy committed by one of the co-conspirators were admissible against Chantharath, and he was not entitled to an instruction limiting the jury's consideration of the evidence showing a co-conspirator possessed a firearm; no error in imposing mandatory minimum sentence under 21 U.S.C. Sec. 851(a) as the government gave Chantharath adequate notice of his eligibility for the sentence; no error in imposing a firearms enhancement against defendant Guzman-Ortiz, and his sentence was substantively reasonable. 121913U.pdf 01/28/2013 United States v. Mallory Giles U.S. Court of Appeals Case No: 12-1913 U.S. District Court for the District of Nebraska - Lincoln [UNPUBLISHED] [Per Curiam - Before Murphy, Benton and Shepherd, Circuit Judges]
Criminal case - Sentencing. Sentence imposed upon the revocation of defendant's supervised release was substantively reasonable. 122375P.pdf 01/28/2013 Natalia Karnatcheva v. JP Morgan Chase Bank U.S. Court of Appeals Case No: 12-2375 U.S. District Court for the District of Minnesota - Minneapolis [PUBLISHED] [Arnold, Author, with Murphy and Colloton, Circuit Judges]
Civil case - Mortgages. District court did not err in denying motion to remand case to state court based on its finding that plaintiffs had fraudulently joined a defendant; slander of title claim rejected, see Butler v. Bank of America, 690 F.3d 959 (8th Cir. 2012); remainder of "show- me-the-note" claims rejected. 122402P.pdf 01/28/2013 United States v. David Foote U.S. Court of Appeals Case No: 12-2402 U.S. District Court for the District of Minnesota - St. Paul [PUBLISHED] [Benton, Author, with Wollman and Bye, Circuit Judges]
Criminal case - Sentencing. A petty misdemeanor resulting in a fine is a sentence under the Guidelines, and the court holds that possession of marijuana is not similar to any enumerated exception in the Guidelines; as a result, defendant's Minnesota conviction for possession of marijuana counted as a point; additionally, defendant failed to timely provide all relevant and useful evidence before sentencing, a necessary prerequisite for eligibility for safety valve sentencing, and he was disqualified from safety-valve relief. 122530P.pdf 01/28/2013 Purnie Peterson v. CitiMortgage, Inc. U.S. Court of Appeals Case No: 12-2530 U.S. District Court for the District of Minnesota - Minneapolis [PUBLISHED] [Arnold, Author, with Murphy and Colloton, Circuit Judges]
Civil case - Mortgages. "Show-me-the-note" arguments rejected; plaintiffs did not make out a quiet title claim, and the district court properly dismissed their claims against the financial institutions; defendants are invited to file a detailed bill of costs, fees and damages.
