[Published] PER CURIAM . A state court found LaFrance L. Colbert guilty of disorderly conduct and refusal to submit to arrest (a lesser included offense of resisting arrest). Colbert alleges that in a traffic court: deputy sheriff Jeremy Chapman beckoned him to a group of officers and loudly said, "Don't be eyeballing my officers"; when Colbert said he was not eyeballing them, an officer grabbed Colbert and told him to "shut up"; and, when Colbert told that officer to let go, the officers...
RILEY , Chief Judge . DRB #24, LLC and 701 Newton Avenue North, Minneapolis, Minnesota (collectively DRB), brought suit challenging the City of Minneapolis's (city) vacant building registration fee. The district court, 1 granting summary judgment in the city's favor, determined the city had given DRB proper notice of its intent to assess the fee, and DRB waived any objections to the fee because it did not raise them within thirty days after the fee was levied, as required by Minnesota law....
BENTON , Circuit Judge . Gerald Lee DeCoteau was found guilty of gross sexual imposition in 1996 and sentenced to ten years' imprisonment. His habeas petition in November 2012 had six claims. The district court 1 dismissed the petition, finding four claims were time-barred, one was procedurally barred, and the other lacked merit. The district court granted a certificate of appealability whether the statute of limitations in the Antiterrorism and Effective Death Penalty Act (AEDPA) applies...
WOLLMAN , Circuit Judge . Police officers Joseph Stadler, Michael Craig, and Sidney Mann fired shots at Michael Partlow after he exited his apartment building holding a shotgun. Partlow filed suit under 42 U.S.C. 1983, alleging that the officers employed excessive force in violation of his Fourth Amendment rights. The district court held that the officers were not entitled to qualified immunity and denied their motion for summary judgment. We reverse. I. On September 18, 2010, Partlow...
SHEPHERD , Circuit Judge . Wesley Yellow Horse was convicted of conspiracy to distribute less than 50 kilograms of marijuana, in violation of 21 U.S.C. 841(a)(1), 841(b)(1)(D), and 846. At sentencing, the district court 1 determined Yellow Horse could have reasonably foreseen the conspiracy involved 100 kilograms or more of marijuana and calculated his Guidelines range accordingly, imposing a sentence of 57 months imprisonment. Yellow Horse argues the district court erred in finding he...
BYE , Circuit Judge . Antonnette A. Hopkins filed this 42 U.S.C. 1983 action against the City of Bloomington (the City), alleging Minnesota's vehicle forfeiture statute violated her due process rights under the Fifth Amendment and article I, section 7, of the Minnesota Constitution, and amounted to an unreasonable seizure in violation of the Fourth Amendment and article I, section 10, of the Minnesota Constitution. The district court 1 dismissed Hopkins's complaint, and she appeals. We...
SHEPHERD , Circuit Judge . Delvonn Battle was convicted of being a felon in possession of a firearm, in violation of 18 U.S.C. 922(g)(1). The district court 1 sentenced him to 120 months imprisonment. Battle challenges his conviction and sentence. For the reasons set forth below, we affirm. I. Background We recount the evidence in the light most favorable to the jury's verdict. United States v. Stevens, 439 F.3d 983 , 986 (8th Cir.2006). On January 13, 2012, two Waterloo, Iowa...
BEAM , Circuit Judge . Appellants, the Village of Pender, Nebraska, and resident owners or agents of establishments in or near Pender engaged in the sale of alcoholic beverages, appeal the district court's 1 denial of Appellants' motion for summary judgment requesting declaratory and injunctive relief from the Omaha Tribe's attempt to enforce its liquor-license and tax scheme on them, and the court's corresponding grant of summary judgment in favor of the Omaha Tribe. The Omaha Tribal...
GRUENDER , Circuit Judge . Modesto Paulino sued Chartis Claims, Inc. ("Chartis") alleging bad-faith denial of insurance benefits. The district court 1 granted Chartis's motion for summary judgment. Paulino now appeals. We affirm. I. Paulino, while employed by C-Tec, Inc., suffered a spinal-cord injury in a work-related accident that left him permanently paraplegic. Chartis insured C-Tec, Inc. for workers' compensation claims and paid the costs of Paulino's medical treatment and...
SHEPHERD , Circuit Judge . Plymouth County, on its own behalf and on behalf of all similarly situated counties in Iowa, brought suit in state court alleging that Appellees, various loan originators and servicers (Lenders), deprived the County of revenue by using the Mortgage Electronic Registration System (MERS) to avoid paying recording fees on mortgage assignments. The Lenders removed the action to federal court and filed a motion to dismiss, which the district court 1 granted. Plymouth...
LOKEN , Circuit Judge . John Markert, while President of Pinehurst Bank ("the Bank" or "Pinehurst"), approved five nominee loans by the Bank to friends and family of bank customer George Wintz. The loan proceeds were used to cover a nearly $1.9 million overdraft in Wintz's checking account at the Bank. A jury convicted Markert of willful misapplication of bank funds by a bank officer in violation of 18 U.S.C. 656. At sentencing, applying Application Note 3 to U.S.S.G. 2B1.1(b)(1), the...
[Published] PER CURIAM . Kenvis Norwood appeals from the sentence imposed by the district court 1 for conspiracy to commit bank fraud. Norwood argues that the district court improperly enhanced his sentence for use of sophisticated means and for the unauthorized use of a means of identification to produce or obtain another means of identification. We affirm. I. Background Norwood pleaded guilty to one count of knowingly and intentionally conspiring with Exavius Tatum, Joe Javonta Brown,...
[Published] PER CURIAM . On October 23, 2013, the government filed a one-count indictment against Ramon Garcia and six co-defendants charging them with conspiracy to distribute 500 grams or more of a mixture containing methamphetamine, in violation of 21 U.S.C. 841(a), 846. Garcia pled guilty without a plea agreement. After a two-day sentencing hearing, the district court 1 concluded that Garcia was responsible for over 15 kilograms of a mixture containing methamphetamine, which...
BYE , Circuit Judge . Mike Townsend sued Bayer HealthCare Pharmaceuticals (Bayer) alleging Bayer wrongfully terminated him in violation of the whistleblower protection provisions of the False Claims Act (FCA), 31 U.S.C. 3730(h). A jury awarded Townsend $321,373 in back pay, doubled to $642,746 pursuant to the FCA, and $568,000 in emotional distress damages for a total recovery of $1,210,746. The district court denied Townsend's request for front pay and ordered Bayer to reinstate Townsend....
GRUENDER , Circuit Judge . Kevin Schriener appeals from the district court's 1 dismissal of his claims against Quicken Loans, Inc. and the denial of his motion to alter or amend the judgment. We affirm. Schriener's complaint sets forth the following facts. In June 2011, Schriener obtained a residential mortgage from Quicken Loans that was secured by a deed of trust. Quicken Loans acquired the deed of trust that the parties used from Wolters Kluwer Financial Services, Inc. ("Wolters Kluwer"...
WOLLMAN , Circuit Judge . Federal prisoner Stacey Sellner filed a pro se motion to vacate her conviction pursuant to 28 U.S.C. 2255, alleging that her attorney had failed to file a notice of appeal as requested. Before the district court ruled on that motion, Sellner filed another 2255 motion raising a different claim. The district court dismissed Sellner's first 2255 motion on the merits without an evidentiary hearing and dismissed her second motion as "second or successive." We...
PER CURIAM . Paul Goodwin, who is scheduled to be executed on December 10, 2014, has filed an application for a certificate of appealability with respect to his Eighth Amendment claim of intellectual disability. In the alternative, Goodwin has filed a motion for authorization to file a second or successive application. In both of these filings, Goodwin claims that he is intellectually disabled and that the Supreme Court of Missouri issued a decision that was contrary to the United States...
[Published] PER CURIAM . Michael Anthony Ray Brown pled guilty to one count of distributing crack cocaine in violation of 21 U.S.C. 841(a)(1) and 841(b)(1)(C). The district court 1 sentenced Brown to 120 months imprisonment, below the guideline range of 151 to 188 months. Brown appeals, asserting procedural and substantive errors. We affirm. On January 16, 2013 Brown pled guilty to distributing approximately 6 grams of crack cocaine in violation of 841(a)(1) and 841(b)(1)(C). The...
MURPHY , Circuit Judge . Sarah McIvor filed a complaint in the District of Minnesota alleging that Credit Control Services (Credit Control) violated the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692 et seq. McIvor alleged that she disputed a debt to Credit Control by making an online report to consumer reporting agency TransUnion, that TransUnion contacted Credit Control to investigate the dispute, and that Credit Control failed to report the debt as disputed when it...
RILEY , Chief Judge . In this diversity case, see 28 U.S.C. 1332(a)(1), Shirley Brinkley, a citizen of Blue Springs, Missouri, appeals the district court's 1 prejudicial dismissal of her claims against Pliva, Inc. (Pliva), the New Jersey corporation that manufactured the prescription medication metoclopramide which Brinkley alleges injured her. 2 We affirm. 3 I. BACKGROUND In February 2002, Brinkley's doctor prescribed the brand-name drug Reglan to treat her gastroesophageal reflux...
