KOBES , Circuit Judge . As the district court noted, this is a tragic case. Jacob Anderson (Jacob) died of hypothermia in Minneapolis, Minnesota on December 15, 2013. His father, William Anderson (Anderson), brought this suit alleging federal constitutional and state tort claims against the City of Minneapolis, Hennepin County, and several city and county employees. 1 The district court 2 granted defendants' motions to dismiss with prejudice. Anderson appeals the dismissal of his...
UNPUBLISHED PER CURIAM . Monty Carroll and Lawrence Smith appeal the district court's 1 dismissal of their purported class action brought under the Fair Debt Collection Practices Act (FDCPA). Having carefully reviewed the record and the parties' arguments on appeal, we conclude the court properly dismissed the complaint. See Plymouth Cty. v. Merscorp, Inc. , 774 F.3d 1155 , 1158 (8th Cir. 2014) (de novo review of Fed. R. Civ. P. 12(b) dismissal order); Duffy v. Landberg , 215 F.3d 871 ,...
UNPUBLISHED PER CURIAM . Just months after his release from federal prison, Shannon Lee Paxton launched an expansive methamphetamine trafficking operation in Des Moines. A year later, Paxton pleaded guilty to five different drug and firearms related offenses: conspiracy to distribute methamphetamine, 21 U.S.C. 846 and 841(a)(1); distribution of methamphetamine, 21 U.S.C. 841(a)(1) and (b)(1)(A); possession with intent to distribute methamphetamine, 21 U.S.C. 841(a)(1) and (b)(1)(A);...
GRASZ , Circuit Judge . Anthony Donte Collier was convicted in the district court 1 of five counts of sex trafficking and attempted sex trafficking, in violation of 18 U.S.C. 1591(a)(1), 1591(b)(1), and 1594(a); and one count of conspiracy to commit an offense against the United States, specifically facilitating the promotion and management of a business enterprise involving prostitution, in violation of 18 U.S.C. 371. Collier filed an appeal and we affirm. I. Background Collier was...
SMITH , Chief Judge . PrimeLending, a PlainsCapital Company, appeals from the district court's 1 denial of its motion to compel arbitration against Jennifer Shockley. Shockley sued PrimeLending, alleging a violation of the Fair Labor Standards Act (FLSA). The district court denied the motion to compel arbitration because there was no agreement to arbitrate between Shockley and PrimeLending. The district court held that the arbitration provision contained in the PrimeLending Handbook...
GRASZ , Circuit Judge . In 2012, government investigators identified California resident Ladronal Hamilton as the source of supply for multiple distributors of phencyclidine ("PCP") in Kansas City, Missouri. A grand jury eventually charged Hamilton with conspiracy to distribute one kilogram or more of PCP in violation of 21 U.S.C. 841(a)(1), (b)(1)(A), and 846. The case proceeded to trial, where the district court 1 denied Hamilton's motion for judgment of acquittal before a jury found...
UNPUBLISHED PER CURIAM . Lorenzo Soto-Zazueta directly appeals after he pled guilty to a drug offense, under a plea agreement containing an appeal waiver, and the district court 1 sentenced him to a prison term below the calculated United States Sentencing Commission Guidelines Manual range. His counsel has moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), addressing enforcement of the plea waiver and reasonableness of the sentence. Upon careful...
ERICKSON , Circuit Judge . Connie Jean Smith was the named plaintiff in a class action suit against Southwestern Energy Company ("Southwestern") and three of its subsidiaries alleging underpayment of gas royalties. The defendants prevailed at trial. Smith now appeals, arguing that a new trial is warranted because of the district court's 1 erroneous evidentiary and trial management rulings. Smith also requests certification of certain questions of state law to the Arkansas Supreme Court. We...
UNPUBLISHED PER CURIAM . Jason Chaney pled guilty to possession with intent to distribute at least 50 grams of actual methamphetamine and 500 grams of a mixture and substance containing methamphetamine, in violation of 21 U.S.C. 841(a)(1) and 841(b)(1)(A). The offense carried a 120-month statutory mandatory minimum term of imprisonment. The district court sentenced Chaney to 240 months' imprisonment. Chaney appeals his sentence, arguing the district court 1 failed to provide an adequate...
ERICKSON , Circuit Judge . Appellant Edwin Van Dorn worked as an apprentice electrical linesman for PAR Electrical Contractors, Inc. On September 1, 2014, Van Dorn's team was called into duty after high winds knocked over three wooden utility poles. Appellee Scott Hunter led a second team that was also sent to fix the poles. A well-known risk of line work is that a downed wire under tension can break free and injure a line worker. To protect against that risk, wires are normally secured...
BENTON , Circuit Judge . Benjamin Matthew Bennett and Teresia Robin Bennett filed for Chapter 13 bankruptcy. Their plan proposed that The Paddock's secured claim in their manufactured home would be bifurcated into secured and unsecured parts. The Paddock objected. The bankruptcy court 1 overruled the objection. It held that 11 U.S.C. 1322(b)(2)'s anti-modification provision did not apply to The Paddock's claim. In re Bennett, 2017 WL 1417221 (Bankr. N.D. Iowa Apr. 20, 2017). The...
COLLOTON , Circuit Judge . Michael Johnson pleaded guilty in 2016 to possession with intent to distribute cocaine base. Police arrested Johnson after a traffic stop and found him in possession of two baggies that contained rocks of crack cocaine. A search of Johnson's pocket discovered 22.9 grams of cocaine base and $895 in cash. At sentencing, the district court 1 calculated an advisory guideline range of 57 to 71 months' imprisonment, but concluded that several factors justified an...
KELLY , Circuit Judge . Jonathan Russell appeals the district court's vacatur of the arbitration award he received against his insurer, Great American Insurance Company, for wrongfully denying his claim for damage to his 2013 corn crop. Because the arbitrators rendered a sufficiently mutual, final, and definite award, vacatur was improper. We accordingly vacate the district court's judgment and remand for further proceedings. I Russell submitted claims to Great American for damage to his...
UNPUBLISHED PER CURIAM . Rudy Stanko appeals the district court's 1 dismissal of his civil rights action under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). Upon de novo review of the record and the parties' submissions on appeal, we conclude dismissal was proper. We therefore affirm the judgment. See 8th Cir. R. 47B. FootNotes 1. The Honorable Jeffrey L. Viken, Chief Judge, United States District Court for the District of South Dakota.
UNPUBLISHED PER CURIAM . Timothy Reed directly appeals the sentence the district court 1 imposed after he pleaded guilty to a firearm offense. His counsel has moved to withdraw, and in a supplemental brief submitted pursuant to Anders v. California, 386 U.S. 738 (1967), suggests that the district court improperly applied U.S.S.G. 2K2.1(b)(6)(B) to calculate Reed's advisory Guidelines range. We conclude that the district court did not rely on any clearly erroneous facts when it...
United States Court of Appeals For the Eighth Circuit _ No. 19-8014 _ Mark Pirozzi; Keila Green, individually and on behalf of others similarly situated lllllllllllllllllllllRespondents v. Massage Envy Franchising, LLC lllllllllllllllllllllPetitioner _ Petition for Permission to Appeal from United States District Court for the Eastern District of Missouri - St. Louis _ Submitted: August 6, 2019 Filed: September 17, 2019 _ Before LOKEN, SHEPHERD, and GRASZ, Circuit Judges. _ LOKEN, Circuit Judge....
United States Bankruptcy Appellate Panel For the Eighth Circuit _ No. 19-6023 _ In re: Joanne Amy Doughty lllllllllllllllllllllDebtor - Joanne Amy Doughty lllllllllllllllllllllDebtor - Appellant v. Richard Douglas lllllllllllllllllllllMovant - Appellee _ Appeal from United States Bankruptcy Court for the Western District of Arkansas - Hot Springs _ Submitted: November 22, 2019 Filed: December 17, 2019 _ Before SCHERMER, SHODEEN, and SANBERG, Bankruptcy Judges. _ SCHERMER, Bankruptcy Judge...
United States Bankruptcy Appellate Panel For the Eighth Circuit _ No. 19-6020 _ In re: Johnny M. Belew, also known as John Belew, formerly doing business as Belew and Bell, Attorneys at Law lllllllllllllllllllllDebtor - Johnny M. Belew lllllllllllllllllllllDebtor - Appellant v. Bianca Rucker lllllllllllllllllllllTrustee - Appellee The Citizen's Bank lllllllllllllllllllllInterested Party - Appellee _ Appeal from United States Bankruptcy Court for the Western District of Arkansas - Fayetteville _...
United States Bankruptcy Appellate Panel For the Eighth Circuit _ No. 19-6016 _ In re: Ruby Jeane Sawyers Debtor - David G. Waltrip, LLC Creditor - Appellant v. Ruby Jeane Sawyers Debtor - Appellee _ Appeal from United States Bankruptcy Court for the Eastern District of Missouri - St. Louis _ Submitted: November 5, 2019 Filed: December 19, 2019 _ Before SALADINO, Chief Judge, NAIL and DOW, Bankruptcy Judges. _ DOW, Bankruptcy Judge David Waltrip (“Waltrip”) appeals the order of the Bankruptcy...
United States Bankruptcy Appellate Panel For the Eighth Circuit _ No. 19-6010 _ In re: John Patrick Raynor llllllDebtor - John Patrick Raynor lllllllllllllllllllllPlaintiff - Appellant v. Dennis P. Walker lllllllllllllllllllllDefendant - Appellee _ Appeal from United States Bankruptcy Court for the District of Nebraska - Omaha _ Submitted: June 27, 2019 Filed: July 25, 2019 _ Before SCHERMER, DOW and SANBERG, Bankruptcy Judges. _ SCHERMER, Bankruptcy Judge John Patrick Raynor (Debtor) appeals...
