Justia Criminal Law Opinion Summaries

Defendant pleaded guilty to two child pornography offenses. The district court sentenced him to 600 months’ imprisonment. On appeal, Defendant challenges the district court’s denial of his motion to suppress evidence, and the sentence imposed. Defendant argued that the district court erred by denying his motion to suppress statements from his interview.   The Eighth Circuit affirmed the judgment, concluding there was no reversible error. The court explained that circumstances do not establish that Defendant was in custody during the interview. Agents did not physically restrain him in the vehicle. Only two agents questioned him, and they repeatedly told Defendant that he was not under arrest and was free to leave. The agents were not deceptive or threatening, and Defendant voluntarily answered their questions. The court reasoned with the district court that a reasonable person in Defendant’s position would have believed that he was free to terminate the interview if he wished. Considering the totality of the circumstances, the court concluded Defendant was not in custody for purposes of Miranda, and that the district court properly declined to suppress incriminating statements made during the interview before agents informed Defendant that he would be arrested.   Further, the court held that the district court properly considered the factors under 18 U.S.C. Section 3553(a), and elected to impose Defendant’s advisory guideline sentence. The court saw no compelling circumstances in support of a shorter sentence that demonstrate an abuse of the district court’s discretion. View "United States v. Justin Treanton" on Justia Law

Defendant admitted to violating the terms of his supervised release. The district court sentenced him to nine months in prison. Defendant appealed, claiming that his sentence is substantively unreasonable. The Eighth Circuit affirmed. The court reasoned that the district court explained the applicable Guidelines range, and that Defendant’s supervised release was being revoked because he used a controlled substance more than three times in the past year. The district court also heard Beckwith’s counsel talk about Defendant’s substance abuse, the fact that he hadn’t violated his supervised release for two years, his difficulty understanding the court’s authority over him, and more. This is enough to infer that the court considered the factors. The district court also properly considered Defendant history and characteristics in determining his sentence. View "United States v. Carl Beckwith, Jr." on Justia Law

Defendant pleaded guilty to conspiring to distribute at least 50 grams of a mixture or substance containing methamphetamine and as part of his plea agreement he agreed to waive some of his rights to appeal his conviction and sentence. He nonetheless appealed his sentence, arguing that the district court erred in applying the Sentencing Guidelines despite their harsh and disparate treatment of methamphetamine offenders, erred in treating the Guidelines as mandatory, and imposed an unreasonable sentence.   The Eighth Circuit concluded that the appeal waiver bars most of his appeal. As for the remainder, the court affirmed. The wrote that because the appeal waiver precludes appeal of the court's "abuse of discretion, or the imposition of an unreasonable sentence," the court dismissed this claim of error.   Further, even assuming that the district court erred in not sua sponte declaring the relevant methamphetamine Guidelines unconstitutional, the court concluded that any error was not plain. Defendant has cited scattered opinions from district courts across the country that take issue with the difference in treatment between those caught with pure methamphetamine and those with mixtures containing methamphetamine, but he hasn't shown that any of these courts held the relevant Guidelines unconstitutional. Those decisions instead appear to come from district courts that have taken these matters into consideration when selecting a sentence. Defendant has not pointed to any Supreme Court or circuit court authority to support his contention. View "United States v. Rene Lugo-Barcenas" on Justia Law

Defendant pleaded guilty to being a felon in possession of ammunition found after he shot a man in a convenience store in Davenport, Iowa. The victim recovered; both were separately prosecuted. Defendant appealed his 120-month sentence, arguing the district court erred by cross-referencing to the base offense level for attempted first-degree murder.   The Eighth Circuit affirmed. First, the court explained that the district court did not clearly err in finding that Defendant’s swift but deliberate actions before the shooting demonstrate that he acted with the requisite premeditation. Next, the court held that the district court did not clearly err in finding “there is absolutely no evidence of self-defense.” Finally, even if the district court committed clear error in cross-referencing to the attempted first-degree murder guideline, the court would conclude the error was harmless. An incorrect application of the sentencing guidelines is harmless error when the district court “specifically identifies the contested issue and potentially erroneous ruling, sets forth an alternative holding supported by the law and the record in the case, and adequately explains its alternative holding.” Here, the district court’s careful and adequate explanation why the Section 3553(a) factors justified a 120-month sentence renders any guidelines cross-referencing error harmless. View "United States v. Jaterrius Greer" on Justia Law

Defendants (D1 and D2) were each convicted of unlawfully possessing a firearm, in violation of 18 U.S.C. Sections 922(g)(1) and 924(a)(2) after the district court denied their motions to suppress. On appeal, Defendants challenged the district court's denial of their motions to suppress. D2 also challenged the court's withholding of the juror questionnaires that were completed during voir dire.The Eighth Circuit affirmed the district court's denial of D2's motion to suppress, finding that officers arrested him after he fled from them, at which point they had probable cause to arrest him for fleeing with intent to avoid arrest. However, the court remanded D2's case to the district court for the limited purpose of disclosing the completed questionnaires to defendant D2. Based on the record, the court could not conclude that the district court's questioning was adequate to determine if juror bias contributed to D2's conviction. View "United States v. Ronald Finley, Jr." on Justia Law

Defendants (D1 and D2) were each convicted of unlawfully possessing a firearm, in violation of 18 U.S.C. Sections 922(g)(1) and 924(a)(2) after the district court denied their motions to suppress. On appeal, Defendants challenged the district court's denial of their motions to suppress.The Eighth Circuit affirmed the district court's denial of both Defendants' motions to suppress. Pertaining to D1, the court concluded that the district court did not err in finding that a reasonable police officer would have found that D1 was fleeing with the intent to avoid arrest. The interaction occurred during the day in a public area, and police officers were wearing tactical vests emblazoned "Police" and displayed badges. The officers also made repeated commands that were consistent with their intent to arrest him. View "United States v. Ronald Finley, Jr." on Justia Law

Defendant was arrested pursuant to an absconder warrant for failing to report to his supervising parole officer. Law enforcement received a tip that Defendant was staying at a certain residence and arrested him in the vicinity of the residence. Law enforcement then executed a warrantless search of that nearby residence. Defendant moved to suppress the evidence obtained during the search. The district court granted the motion to suppress, finding that law enforcement did not have reasonable suspicion that Defendant lived at the residence. The government appealed the order granting the motion to suppress, arguing that law enforcement had probable cause or at least reasonable suspicion that Defendant resided at the place searched.   The Eighth Circuit affirmed, holding that the district court did not err in granting Defendant’s motion to suppress because law enforcement needed probable cause that Defendant was residing at the home in order to execute the warrantless search. The court explained that the informant’s tip had far fewer indicia of reliability to support probable cause without corroboration. True, the CI had given reliable information at least once before, but the record contains no details as to the basis of the tip about Defendant. View "United States v. Justin Thabit" on Justia Law

Defendants were convicted of committing a carjacking resulting in serious bodily injury. Under a separate count, they were convicted of using and discharging a firearm during and in relation to a crime of violence, the carjacking. One defendant was also convicted of unlawful possession of a firearm as a convicted felon. Defendants’ appealed and raise several issues.   The Eighth Circuit concluded that there was no error in the court’s challenged evidentiary rulings or jury instruction, and that sufficient evidence supported the carjacking convictions, but that the convictions for discharging a firearm during and in relation to a crime of violence must be reduced to convictions for simply using a firearm during the carjacking. Accordingly, the court vacated the convictions under Section 924(c)(1)(A)(iii) and order them reduced to convictions under Section 924(c)(1)(A)(i). Because the firearms convictions affected the terms of imprisonment imposed, the court vacated the sentences on all counts and remanded for resentencing. View "United States v. Ranson Long Pumpkin" on Justia Law

Defendants were convicted of committing a carjacking resulting in serious bodily injury. Under a separate count, they were convicted of using and discharging a firearm during and in relation to a crime of violence, the carjacking. Defendants appealed certain evidentiary and jury instruction issues, and also challenged the sufficiency of the evidence supporting the discharging a firearm conviction.The Eighth Circuit affirmed Defendant's convictions for carjacking resulting in serious bodily injury, finding no error in the district court's evidentiary rulings and jury instructions. However, the court concluded that Defendant's discharging a firearm conviction must be reduced to using a firearm. The court explained that the carjacking offense was complete at the moment of the taking, so the fact that the firearm was used after that point could not be used to support the discharging a firearm offenses. View "United States v. Ranson Long Pumpkin" on Justia Law

Defendant was convicted by a jury of one count of being a felon in possession of a firearm. According to the presentence report, Defendant was subject to the ACCA’s mandatory minimum sentence because he had two prior convictions for violent felonies and one prior conviction for a serious drug offense. Defendant objected, arguing that his 2003 conviction for the sale of cocaine under Missouri Revised Statute Section 195.211 (2000) does not qualify as a serious drug offense under the ACCA because that Missouri statute criminalized conduct that does not violate federal law. The district court sustained Defendant’s objection. The government appealed the district court’s ruling.   The Eighth Circuit affirmed. The court explained that Defendant’s prior Missouri conviction involved cocaine. The court compared the definition of cocaine under Missouri law at the time of Defendant’s Missouri conviction with the definition of cocaine under federal law at the time of Defendant’s instant federal offense. The Missouri schedule did not define isomer. The federal definition, however, criminalizes only optical and geometric isomers—but not positional isomers. Given the unambiguous breadth of Missouri’s definition of cocaine, the court agreed with the district court that Defendant’s prior Missouri conviction for the sale of cocaine was not a predicate offense for purposes of the ACCA. View "United States v. Anthony Myers" on Justia Law