MELLOY, Circuit Judge. Matthews International Corporation ("Matthews") terminated Eddy Clark in January 2007. Alleging that he was terminated and suffered other adverse employment actions due to his age, Clark sued Matthews under the Age Discrimination in Employment Act ("ADEA") and the Missouri Human Rights Act ("MHRA"). The district court granted summary judgment in favor of Matthews, and Clark appealed. We affirm in part and reverse in part. I. Background Matthews is a Pennsylvania...
LOKEN, Circuit Judge. Following a two-day trial, a jury convicted Michael Deshun Cox of knowingly possessing a firearm after three prior violent felony convictions. See 18 U.S.C. 922(g), 924(a)(2) & (e)(1). The district court 1 sentenced Cox to 262 months in prison. He appeals, arguing that the evidence was insufficient to prove he knowingly possessed the firearm, and that the district court abused its discretion in responding to a question from the jury during its deliberations. We...
SHEPHERD, Circuit Judge. Margaret Gates appeals the decision of the district court 1 upholding the Social Security Commissioner's denial of her application for disability insurance benefits and supplemental security income. We affirm. I. Gates applied for disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. 423, and for supplemental security income under Title XVI of that Act, 42 U.S.C. 1382, alleging that she had been disabled since April 15, 2004. Her...
MELLOY, Circuit Judge. Jorge Angel Puc-Ruiz, a native and citizen of Mexico, petitions for review of a Board of Immigration Appeals ("BIA") decision dismissing his appeal from an Immigration Judge's ("IJ") order removing him from the United States to Mexico. Puc-Ruiz argues that the evidence of his alienage and lack of lawful status in the United States should have been suppressed because it was obtained in violation of his rights under the Fourth Amendment, Fifth Amendment, and agency...
LOKEN, Circuit Judge. A jury convicted Daryl Miles Brown of seven counts of wire fraud, two counts of causing interstate travel in execution of a scheme to defraud, three counts of engaging in monetary transactions in criminally derived property, and one count of conspiracy to commit money laundering. 18 U.S.C. 1343, 1349, 1956(h), 1957, & 2314. The district court 1 sentenced Brown to 180 months in prison. He appeals, arguing denial of his Sixth Amendment right to trial counsel of his...
COLLOTON, Circuit Judge. A jury convicted Trae Winn of possession with intent to distribute less than 50 kilograms of marijuana and use or carriage of a firearm during and in relation to a drug trafficking offense. Winn appeals, contesting an evidentiary ruling, the jury instructions, and the sufficiency of the evidence supporting his firearm conviction. We affirm. I. At around 11:00 a.m. on March 20, 2008, Winn was involved in a car chase through a neighborhood in Kansas City, Missouri. A...
SHEPHERD, Circuit Judge. Cortell Scott pled guilty to knowingly possessing five grams or more of cocaine base ("crack") with intent to distribute, in violation of 21 U.S.C. 841(a)(1) and (b)(1)(B). The district court 1 sentenced Scott to 70 months imprisonment, and Scott appeals, arguing the district court erred by denying his motion to continue sentencing and by ignoring relevant factors at sentencing. Scott also claims that the mandatory minimum sentence required by section 841(b)(1)(B)(...
HANSEN, Circuit Judge. Scott Johnson appeals the district court's 1 affirmance of the Social Security Commissioner's denial of his claim for Supplemental Security Income (SSI). After careful review, we affirm. I. Scott Johnson is a 34-year-old male who suffers from anxiety and obsessive compulsive disorder and has borderline intellectual functioning. He graduated 49th from a high school graduating class of 140 students and attended a few college classes before dropping out. Johnson was...
BEAM, Circuit Judge. A jury found Bernie Lazar Hoffman, a/k/a Tony Alamo, guilty of ten counts of transporting five minor females across state lines for the purpose of engaging in illegal sexual activity in violation of the Mann Act, 18 U.S.C. 2 and 2423. The district court 1 sentenced Hoffman to consecutive terms of imprisonment on all counts, for a total term of life imprisonment. Because there was sufficient evidence to support the verdict on each of the ten counts and the district...
GRUENDER, Circuit Judge. Russell Wineman pled guilty to conspiracy to distribute methamphetamine in violation of 21 U.S.C. 841(a)(1) and 846, and the district court 1 sentenced him to 235 months' imprisonment. Wineman appeals his sentence, arguing that the district court should have granted his request for a two-level reduction for acceptance of responsibility under United States Sentencing Guidelines 3E1.1(a). Because the district court did not clearly err in denying Wineman's request,...
COLLOTON, Circuit Judge. David Eubank, the husband of appellee Kembra Eubank, died as a result of an electrical burn he sustained while working for the United States General Services Administration ("GSA"). Kembra Eubank, individually and on behalf of her two minor children, filed suit in Missouri state court against Kansas City Power and Light Company ("KCP & L"), the company that supplied electricity to the GSA facility where David Eubank was injured. KCP & L then filed a third-party...
BYE, Circuit Judge. A jury convicted A.J. Kelly of being a felon in possession of a firearm, in violation of 18 U.S.C. 922(g)(1), and Kelly was sentenced to 115 months' imprisonment followed by three years of supervised release. Kelly appeals his conviction on the ground there was insufficient evidence of his possession or control of a firearm. Kelly also challenges a special condition of his supervised release barring him from possessing any material which "contains nudity or that depicts...
RILEY, Chief Judge. Christopher Bauer pled guilty to one count of being a felon in possession of a firearm in violation of 18 U.S.C. 922(g)(1) and 924(a)(2). The district court 1 sentenced Bauer to 86 months imprisonment, to run concurrently with terms of imprisonment imposed in connection with eight Iowa state convictions. Bauer appeals his sentence, challenging the district court's conclusion Bauer was not entitled to credit for time served on one of the Iowa sentences for conduct...
COLLOTON, Circuit Judge. Jorge Osbaldo Aguilera was convicted of conspiracy to distribute 50 grams or more of methamphetamine, in violation of 21 U.S.C. 841(a)(1), 841(b)(1)(A) and 846, and possession with intent to distribute 50 grams or more of methamphetamine, in violation of 21 U.S.C. 841(a)(1) and 841(b)(1)(A). The district court 1 denied Aguilera's motions to suppress evidence seized during a traffic stop and for a new trial. At sentencing, the court also denied Aguilera's request...
LOKEN, Circuit Judge. On the afternoon of September 6, 2004, boys stole two bottles of mercury from an abandoned building, took this hazardous substance to a playground near the Rosemount Woods mobile home park, and released it while playing. Before police from the City of Rosemount, Minnesota were notified and arrived at the scene, people, homes, and vehicles were contaminated. Police officers knocked on doors to identify those who had been exposed, and the City contacted state and local...
COLLOTON, Circuit Judge. Veronica Alvarez asserts that while she was employed at Des Moines Bolt Supply, Inc. ("DMB"), she was subjected to sexual harassment from co-workers, and that the company retaliated against her when she complained about the harassment. Alvarez filed suit under Title VII and the Iowa Civil Rights Act, alleging retaliation and sex discrimination based on a hostile environment. The district court 1 granted summary judgment for DMB, and Alvarez appeals. We affirm. I. As...
ARNOLD, Circuit Judge. After Gabriel Mangum pleaded guilty to being a felon in possession of a firearm, see 18 U.S.C. 922(g)(1), the district court 1 sentenced him to 84 months' imprisonment. Mr. Mangum appealed his sentence and we affirm. I. Mr. Mangum argues that the district court erred by holding that he had used or possessed a firearm "in connection with another felony offense," U.S.S.G. 2K2.1(b)(6), which increased his offense level four levels. We review the court's application...
GRUENDER, Circuit Judge. Ryan Dean Heath entered a conditional guilty plea to producing child pornography, a violation of 18 U.S.C. 2251(a), (e). Section 2251(e) provides a statutory range of 15 to 30 years' imprisonment. The district court 1 calculated an advisory sentencing guidelines range of 235 to 293 months' imprisonment, based on an offense level of 35 and a criminal history category of IV, and sentenced Heath at the top of the advisory guidelines range. Heath filed this appeal,...
BENTON, Circuit Judge. A jury convicted Josiah Malachi Israel Williams of one count of distributing, and aiding and abetting the distribution of, crack cocaine within 1,000 feet of a school. See 21 U.S.C. 841(a)(1), (b)(1)(B)(iii), 860; 18 U.S.C. 2. On appeal, this court affirmed. United States v. Williams, 486 F.3d 377 (8th Cir.2007). The Supreme Court, 552 U.S. 1091, 128 S.Ct. 882, 169 L.Ed.2d 718 (2008), vacated the judgment and remanded for reconsideration in light of Kimbrough...
LOKEN, Circuit Judge. Clifton Freeman was charged with possession of crack cocaine with intent to distribute and moved to suppress evidence gathered during a warrant search of his residence. The district court 1 denied the motion following a suppression hearing under Franks v. Delaware, 438 U.S. 154 , 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978). After Freeman entered a conditional guilty plea, the district court denied his motion for a "rehearing" of the suppression issues. Freeman appeals both...
