DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
152921P.pdf 10/18/2016 United States v. Michael John Walker U.S. Court of Appeals Case No: 15-2921 U.S. District Court for the District of Minnesota - St. Paul [PUBLISHED] [Kelly, Author, with Riley, Chief Judge, and Colloton, Circuit Judge] Criminal case - Criminal law and sentencing. The district court did not err in crediting the arresting officer's testimony that he believed the crack in the windshield in defendant' vehicle obstructed his vision and was a violation of Minnesota Statutes Section 169.71(a)(1)thereby justifying a traffic stop; the strong odor of marijuana the officer smelled when the car was stopped provided a basis to detain defendant independent of the cracked windshield and provided probable cause to search the car; Speedy Trial Act and Sixth Amendment speedy trial right claims rejected; the district court did not err in granting the government's motion in limine to preclude questioning of the arresting officer regarding an unrelated internal affairs investigation; no error in rejecting defendant's proposed instructions on constructive possession and knowledge; with respect to defendant's contention that the district court erred in sentencing him as a career criminal, the court could not determine on the basis of this record whether defendant's prior Minnesota second-degree burglary conviction qualified as an ACCA predicate offense, and his sentence is vacated; the matter is remanded for further sentencing proceedings; the district court is not limited with respect to the evidence it may consider on remand. 153737U.pdf 10/18/2016 United States v. Donald Lamoureaux U.S. Court of Appeals Case No: 15-3737 U.S. District Court for the Western District of Arkansas - Ft. Smith [UNPUBLISHED] [Per Curiam - Before Colloton, Melly and Shepherd, Circuit Judges] Criminal case - Criminal law. Communications with an adult intermediary can form the basis for a prosecution for an attempt to persuade, entice and coerce a minor to engage in sexual activity in violation of 18 U.S.C. Sec. 2422(b). See U.S. v. Spurlock, 495 F.3d 1011 (8th Cir. 2007). 153956U.pdf 10/18/2016 United States v. Amy Jones U.S. Court of Appeals Case No: 15-3956 U.S. District Court for the Western District of Missouri - Kansas City [UNPUBLISHED] [Per Curiam - Before Colloton, Melloy and Shepherd, Circuit Judges] Criminal case - Sentencing. Sentence was not substantively unreasonable; the district court recited the 3353(a) factors, heard extensive argument from counsel and explained its decision to vary upward based on the need to deter illegal drug use and protect the public, as well as the longevity of defendant's drug conspiracy. 161433P.pdf 10/18/2016 Ronda Walker v. Progressive Direct Ins. Co. U.S. Court of Appeals Case No: 16-1433 U.S. District Court for the Eastern District of Missouri - Cape Girardeau [PUBLISHED] [Loken, Author, with Beam and Benton, Circuit Judges] Civil case - Insurance. The district court did not err in determining that the owned vehicle exclusion in the policies in question simply and unambiguously precluded coverage for damages sustained while the insured was occupying a vehicle he owned that was not included on the policies' declaration page.