OPINIONS ARE POSTED DAILY BETWEEN 10:00 and 11:00 a.m. Today is: [ Saturday March 08, 2014 ] - - - - - NO OPINIONS HAVE BEEN POSTED TODAY The most recent opinions are for: [ 03/07/2014 ]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.113602P.pdf 03/07/2014 United States v. Marcus Burrage U.S. Court of Appeals Case No: 11-3602 U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Benton, Author, with Bye and Beam, Circuit Judges] Criminal case - Criminal law. On remand from the United States Supreme Court, see Burrage v. United States, 134 S.Ct. 881 (2014). For this court's prior opinion, see United States v. Burrage, 687 F.3d 1015 (8th Cir. 2012). Under the Supreme Court's decision, where the government conceded there was no evidence that the victim would have lived but for his use of the heroin provided by the defendant, the evidence was insufficient to support a conviction for distribution of heroin resulting in death under 21 U.S.C. Sec. 841(b)(1)(C); retrial of this count is foreclosed by the Double Jeopardy Clause, and defendant's conviction on the count is reversed; defendant's conviction on the remaining count is affirmed for the reasons stated in the court's prior decision.124003U.pdf 03/07/2014 United States v. Gerald Smith U.S. Court of Appeals Case No: 12-4003 U.S. District Court for the Western District of Missouri - Springfield
[UNPUBLISHED] [Per Curiam - Before Benton, Beam and Shepherd, Circuit Judges] Criminal case - Criminal law. The warrant affidavit, without the challenged information, provided sufficient factual information to establish probable cause for a search, and defendant was not entitled to a Franks hearing or suppression of the evidence; given the substantial evidence of defendant's guilt, any Confrontation Clause violations were harmless; admission of recordings of defendant's jailhouse telephone calls was proper.131345U.pdf 03/07/2014 United States v. Michael Romeo Geraci U.S. Court of Appeals Case No: 13-1345 U.S. District Court for the District of Minnesota - St. Paul
[UNPUBLISHED] [Per Curiam - Before Bye, Smith and Benton, Circuit Judges] Criminal case - Sentencing. Sentence was substantively reasonable.131355P.pdf 03/07/2014 United States v. Troy Allen Huston U.S. Court of Appeals Case No: 13-1355 and No: 13-1372 U.S. District Court for the District of Minnesota - St. Paul
[PUBLISHED] [Loken, Author, with Gruender and Shepherd, Circuit Judges] Criminal case - Sentencing. District court did not err in imposing two-level enhancements under Guidelines Sec. 2B1.1(b)(10(C) for use of sophisticated means in these prosecutions for conspiracy to commit mortgage fraud by means of interstate wire communications; the sentences imposed were not substantively unreasonable.131898P.pdf 03/07/2014 United States v. Charlene Wanna U.S. Court of Appeals Case No: 13-1898 U.S. District Court for the District of South Dakota - Aberdeen
[PUBLISHED] [Riley, Author, with Bright and Kelly, Circuit Judges] Criminal case - Criminal law and sentencing. Evidence was sufficient to support defendant's conviction for misapplication of Indian tribe funds; district court did not abuse its discretion or clearly err by denying defendant's request for a downward departure under Guidelines Sec. 5H1.4 or a variance under 18 U.S.C. Sec. 3553(a)(2)(D) based on her health issues.