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.
131027P.pdf 07/18/2014 United States v. Martin Sigillito U.S. Court of Appeals Case No: 13-1027 U.S. District Court for the Eastern District of Missouri - St. Louis [PUBLISHED] [Smith, Author, with Loken and Murphy, Circuit Judges] Criminal case - Criminal law. In this fraud scheme prosecution, the search warrant described with particularity the items to be seized from defendant's law office as the fraud in question permeated defendant's practice and the warrant's reach would necessarily encompass most of the law firm's records; even if the executing officers failed to leave a copy of an attachment to the warrant describing the materials to be seized at the scene of the search, the error was an isolated inadvertance and does not trigger exclusion of the evidence seized, especially when the officers left a detailed inventory of all items seized; a claim the warrant was facially invalid because it failed to comply with 21 U.S.C. Sec. 853 is rejected; the search warrant application did not rely on a private search by defendant's secretary; while a testifying witness was related to an Assistant U.S. Attorney in the Eastern District of Missouri, the AUSA took no part in the prosecution and defendant's claim of a conflict is rejected; Western District of Missouri U.S. Attorneys who prosecuted the case were lawfully appointed under 28 U.S.C. Sec. 543; claims of Brady violations rejected; claims of investigative misconduct rejected; the court rejects defendant's argument that the court committed plain error in failing to have the jury determine the maximum amount of forfeitable property as the right to a jury verdict on forfeitablity does not fall within the Sixth Amendment's protection; claim that the government made improper closing arguments regarding defendant's credibility rejected; no error in restricting defendant's cross-examination of the witness related to the Assistant U.S. Attorney as the nature of their relationship was irrelevant; no error in limiting cross-examination regarding the creation of business entity after the search as the matter did not bear on the misrepresentations at issue in the case; no error in giving a "willful blindness" instruction; any error the district court may have made in calculating the amount of the loss or in imposing a vulnerable-victim enhancement was harmless given that defendant's offense level without these alleged errors would still be 43 and his sentence would still be life; sentence was not substantively unreasonable. 132074P.pdf 07/18/2014 Josh Williams v. Scott Decker U.S. Court of Appeals Case No: 13-2074 U.S. District Court for the Western District of Missouri - Jefferson City [PUBLISHED] [Gruender, Author, with Smith and Colloton, Circuit Judges] Civil case - Civil rights. District court did not err in granting the defendant police officers summary judgment based on qualified immunity on plaintiffs' claims the officers violated their civil rights while conducting a traffic stop; the scope of the stop did not exceed the permissible scope of an investigative stop under Terry; plaintiff Williams's thirty-minute detention was supported by probable cause to believe he had a criminal history which made his possession of a firearm found at the scene unlawful; argument that the senior district court judge who decided the case lacked authority to do so because of her senior status is rejected. 133689P.pdf 07/18/2014 United States v. Dereld Humphrey U.S. Court of Appeals Case No: 13-3689 U.S. District Court for the Eastern District of Missouri - St. Louis [PUBLISHED] [Wollman, Author, with Bye and Shepherd, Circuit Judges] Criminal case - Sentencing. The district court did not err in sentencing defendant as an armed career criminal as his Missouri convictions for first-degree assault and first-degree robbery qualified as separate predicate offenses for purposes of the Armed Career Criminal Act. 133706U.pdf 07/18/2014 Haley Wheeler v. United States U.S. Court of Appeals Case No: 13-3706 U.S. District Court for the Western District of Arkansas - Ft. Smith [UNPUBLISHED] [Per Curiam - Before Murphy, Bowman and Benton, Circuit Judges] Civil case - Federal Tort Claims Act. The district court did not err in dismissing plaintiff's FCTA claim for failure to exhaust administrative remedies as plaintiff failed to meet her burden to prove the Army received her claim.