for the Eighth Circuit

143139U.pdf   06/22/2018  United States  v.  Trevon Sykes
   U.S. Court of Appeals Case No:  14-3139
   U.S. District Court for the Eastern District of Missouri - St. Louis    
   [UNPUBLISHED] [Per Curiam - Before Loken, Beam, and Shepherd, Circuit 
   Judges] 
   Criminal case - Sentencing. For the court's prior opinion in the case, see 
   United States v. Sykes, 844 F.3d 712 (8th Cir. 2016). On remand from the 
   Supreme Court for further consideration in light of United States v. 
   Naylor, 887 F.3d 397 (8th Cir. 2018) (en banc). On reconsideration, the 
   court concludes that Naylor controls; because the Missouri second-degree 
   burglary statute is indivisible and covers more conduct than does generic 
   burglary, defendant's convictions under Mo. Rev. Stat. Sec. 569.170 (1974) 
   do not qualify as violent felonies under the ACCA; defendant's sentence is 
   vacated, and the matter is remanded to the district court for further 
   proceedings. 
  
164086P.pdf   06/22/2018  Mario Ortiz  v.  Ferrellgas Partners
   U.S. Court of Appeals Case No:  16-4086
                          and No:  16-4164
   U.S. District Court for the Western District of Missouri - Kansas City    
   [PUBLISHED] Benton, Author, with Loken and Erickson, Circuit Judges] 
   Civil case - Antitrust. For the court's prior opinion in the matter, see 
   In re Pre-Filled Propane Tank Antitrust Litig., 860 F.3d 1059 (8th Cir. 
   2017)(en banc), cert. denied, 138 S.Ct. 647 (2018). The district court did 
   not err in finding the Ortiz and Orr classes of indirect purchasers lacked 
   standing to pursue their claims for injunctive relief; the indirect 
   purchasers cannot pursue disgorgement as the grant of the remedy would 
   circumvent the Supreme Court's ruling in Illinois Brick Co. v. Illinois, 
   431 U.S. 720 (1977); the indirect purchasers' state-law-damage claims are 
   remanded for further consideration on the issue of timeliness in light of 
   this court's en banc decision. 
  
171688P.pdf   06/22/2018  United States  v.  Gervais (Ken) Ngombwa
   U.S. Court of Appeals Case No:  17-1688
   U.S. District Court for the Northern District of Iowa - Cedar Rapids    
   [PUBLISHED] [Shepherd, Author, with Melloy and Grasz, Circuit Judges] 
   Criminal case - Criminal law and sentencing. The district court developed 
   the record on defendant's claims of ineffective assistance of counsel, and 
   the claim could be raised on direct appeal; the district court did not err 
   in denying the claim as there was a more than reasonable basis for defense 
   counsel's decision not to investigate five members of defendant's family 
   because he determined that any potential information an investigation 
   would uncover would have detrimental value and could be easily attacked on 
   cross-examination; the district court correctly determined that 
   defendant's charges, which captured conduct ranging over 16 years, should 
   be grouped; the district court did not err in applying the "one-book" rule 
   to the grouped counts as application of the rule does not create an Ex 
   Post Facto Clause violation; the district court did not err in departing 
   upwards and raising defendant's Criminal History Category I to Category IV 
   under Guidelines Sec. 4A.13 for underscored criminal history; the court 
   independently assessed the voluminous evidence showing defendant was a 
   participant in the Rwandan genocide; nor did the court err in considering 
   defendant's GACACA convictions as proxies to adequately explain why it 
   determined the intermediate criminal history categories failed to meet the 
   purposes of Guidelines Sec. 4A1.3; at sentencing, the court could consider 
   witness statements attesting to defendant's participation in the genocide 
   over defendant's objection as the statements, while hearsay, were 
   corroborated by DHS investigations; the district court did not err in 
   considering at sentencing the testimony of an expert from the UK over 
   defendant's objection that there was no way to enforce a binding oath on a 
   non-citizen; in any event, any procedural error in sentencing was harmless 
   in light of the district court clear statements that it would have imposed 
   the same 180-month sentence based on its analysis of the 3553(a) factors. 
  
171694P.pdf   06/22/2018  Bobby Hargis  v.  John Koskinen
   U.S. Court of Appeals Case No:  17-1694
   The United States Tax Court    
   [PUBLISHED] [Benton, Author, with Melloy and Grasz, Circuit Judges] 
   Tax Court. The Tax Court did not clearly err in its findings concerning 
   taxpayer Bobby Hargis's basis in the Operating Corporations at issue, and 
   did not err in affirming the Commissioner's determination that certain 
   deductions would be disallowed because the Bobby lacked a sufficient 
   basis; nor did the Tax Court err in determining that the Commissioner had 
   correctly determined that taxpayer Brenda Hargis had not produced 
   sufficient evidence of her basis to shift the burden of proof to the 
   Commissioner. 
  
171910P.pdf   06/22/2018  Santos Rosales-Martinez  v.  Nick Ludwick
   U.S. Court of Appeals Case No:  17-1910
   U.S. District Court for the Northern District of Iowa - Sioux City    
   [PUBLISHED] [Benton, Author, with Wollman and Stras, Circuit Judges] 
   Prisoner case - Habeas. The Iowa courts' decisions rejecting petitioner's 
   challenges to the trial court's decision to have the minor victim of 
   petitioner's sexual abuse testify by closed-circuit television was not 
   contrary to, or an unreasonable application of, Maryland v. Craig, 497 
   U.S. 836 (1990), where the court made findings that the procedures 
   requested by petitioner would cause the victim serious trauma and impair 
   her ability to communicate. 
  
172691U.pdf   06/22/2018  United States  v.  Coleman Carpenter
   U.S. Court of Appeals Case No:  17-2691
   U.S. District Court for the Eastern District of Missouri - St. Louis    
   [UNPUBLISHED] [Per Curiam - Before Wollman, Kelly and Stras, Circuit 
   Judges] 
   Criminal case - Criminal law. That portion of the district court's amended 
   judgment which award Bunge North America $74,453 in legal fees and costs 
   is vacated, and the matter is remanded for reconsideration in light of 
   Lagos v. United States, 138 S.Ct. 1684 (2018) 
  
173316U.pdf   06/22/2018  United States  v.  Jonathan McClarin
   U.S. Court of Appeals Case No:  17-3316
   U.S. District Court for the Western District of Missouri - Kansas City    
   [UNPUBLISHED] [Per Curiam - Before Loken, Bowman and Gruender, Circuit 
   Judges] 
   Criminal case - Sentencing. Anders case. The district court did not err in 
   finding defendant had committed multiple violations of his supervised 
   release and did not abuse its discretion by revoking release; nor did the 
   court abuse its discretion in sentencing defendant to 24 months, the 
   statutory limit for his underlying felony.