UNPUBLISHED PER CURIAM . Cheri Dietrich appeals the district court's 1 order denying her motion for default judgment and dismissing her action for failure to state a claim. Having jurisdiction under 28 U.S.C. 1291, this court affirms. After conducting careful review of the record, this court concludes that default judgment was properly denied because Soo Line Railroad Company filed a timely motion to dismiss or for summary judgment. See Adams v. American Family Mut. Ins. Co., 813 F....
UNPUBLISHED PER CURIAM . David Lee Gentles was convicted of receiving child pornography, using the Internet to distribute child pornography, and using the Internet to knowingly attempt to transfer obscene matter to a minor. He appeals from the district court's 1 denial of his motion to suppress evidence. We affirm. In May 2012, an officer with the Missouri Internet Crimes Against Children Task Force relayed the following information to Captain David Sutton of the Poplar Bluff Police...
UNPUBLISHED PER CURIAM . Allan Hinshaw brought this action against three law enforcement officers alleging violations of his constitutional rights and Missouri state law. The district court 1 granted summary judgment to the law enforcement officers on the basis of qualified immunity, and Hinshaw appeals. We affirm. I. Allen Hinshaw owns approximately fifty acres of real estate in Mississippi County, Missouri. Hinshaw's property is bounded on the north by a levee and on much of the...
UNPUBLISHED PER CURIAM . Christopher Booker pleaded guilty to two counts of bank robbery, in violation of 18 U.S.C. 2113(a) and 2, and was sentenced to 324 months' imprisonment. Booker appeals, arguing that the district court 1 erred by failing to consider the 18 U.S.C. 3553(a) factors, by denying Booker a 3-level reduction for acceptance of responsibility, and by improperly treating four prior convictions separately in determining his criminal history category. We affirm. As part of...
GRUENDER , Circuit Judge . X One X Productions, A.V.E.L.A., Inc., Art-Nostalgia.com, Inc., and Leo Valencia (collectively, "AVELA") appeal a permanent injunction prohibiting them from licensing images from the films Gone with the Wind and The Wizard of Oz, as well as the animated short films featuring cat-and-mouse duo Tom and Jerry. The district court 1 issued the permanent injunction after granting summary judgment in favor of Warner Bros. Entertainment, Inc., Warner Bros. Consumer...
PER CURIAM . Jamie Lee Hunt pled guilty to conspiracy to distribute 500 grams or more of methamphetamine, in violation of 21 U.S.C. 841(b). He challenges the district court's 1 denial of a two-level reduction for a minor role in the conspiracy, and his sentence as substantively and procedurally unreasonable. Having jurisdiction under 28 U.S.C. 1291, this court affirms. Police were investigating a meth conspiracy operating in Minnesota, Texas, and Mexico. Part of the conspiracy was led...
LOKEN , Circuit Judge . After Central Lakes College (CLC) received student complaints about posts on Craig Keefe's Facebook page, he was removed from the Associate Degree Nursing Program for behavior unbecoming of the profession and transgression of professional boundaries. Keefe filed suit against several CLC administrators, alleging violations of his First Amendment and due process rights. After some defendants were dismissed, the district court 2 granted the remaining defendants...
ARNOLD , Circuit Judge . This case is about an allegedly improper investigation into the murder of Kent Heitholt. The murder went unsolved for two years until Charles Erickson caught the attention of the detectives working the case. After implicating himself and Ryan Ferguson in the killing, Erickson pleaded guilty to second-degree murder and first-degree robbery and agreed to testify against Ferguson at Ferguson's murder trial. A jury convicted Ferguson of second-degree murder and first-...
BENTON , Circuit Judge . Chickoiyah Yehnee Miller and Cathy Lynn Sillman filed a qui tam False Claims suit against Heritage College, alleging it fraudulently induced the Department of Education (DOE) to provide funds by falsely promising to keep accurate student records. Each relator also alleged retaliation under the FCA and wrongful discharge under state law. The district court granted summary judgment to Heritage. Relators appealed, except on Sillman's retaliation claim. The Supreme...
PER CURIAM . The Missouri Department of Corrections ("MDOC") has filed two petitions for writs of mandamus prohibiting the district court from enforcing discovery orders. The first order requires MDOC to produce a detailed privilege log, and the second order requires MDOC to reveal information regarding its use of pentobarbital in executions, including the identity of its anonymous supplier. The anonymous supplier has moved to intervene under the pseudonym M7 and has filed a motion for leave...
UNPUBLISHED PER CURIAM . James Tippe applied for Social Security disability insurance benefits and supplemental security income in March 2011, alleging a disability onset date of October 31, 2008. Tippe had a long history of cocaine and alcohol abuse. His application was denied on initial application and review based on a finding that "alcoholism or drug addiction would . . . be a contributing factor material to the Commissioner's determination that the [claimant] is disabled." 42 U.S.C....
LOKEN , Circuit Judge . Nancy Harvey applied for Social Security disability insurance benefits, alleging a disability onset date of September 1, 2010, the day she was fired from her last job as a retail store greeter. After an administrative hearing at which Harvey and a vocational expert testified, the Administrative Law Judge ("ALJ") denied the application on January 10, 2014, concluding that Harvey suffered from severe but not listed impairments — mood disorder, anxiety disorder,...
LOKEN , Circuit Judge . DISH Network, L.L.C. ("DISH"), is a Colorado corporation that sells satellite television access packages nationwide. DISH's "carriage" agreement with Turner Network Sales, Inc., expired on October 21, 2014, and was not renewed until November 20, 2014. DISH's carriage agreement with FOX News Network L.L.C. expired on December 21, 2014, and was not renewed until January 15, 2015. DISH subscribers who had selected programming packages that included popular Turner and...
COLLOTON , Circuit Judge . Kong Meng Xiong petitions for review of an order of the Board of Immigration Appeals concluding that he is ineligible for cancellation of removal under 8 U.S.C. 1229(b), because he had sustained a prior conviction for an aggravated felony. 8 U.S.C. 1227(a)(2)(A)(iii). "Aggravated felony" is defined in 8 U.S.C. 1101(a)(43). The Board upheld a determination of an immigration judge that Xiong's prior conviction for second-degree burglary under Minn. Stat. 609....
COLLOTON , Circuit Judge . The American Farm Bureau Federation and the National Pork Producers Council appeal the district court's ruling that they lack Article III standing to bring a "reverse" Freedom of Information Act ("FOIA") suit, see 5 U.S.C. 552, 706(2)(A), challenging the Environmental Protection Agency's disclosure of certain information about concentrated animal feeding operations. The associations contend that this disclosure is an unlawful release of their members'...
UNPUBLISHED PER CURIAM . Libby Rivet appeals the district court's 1 order affirming the denial of supplemental security income and disability insurance benefits. We agree with the district court that the administrative law judge's (ALJ's) adverse decision is supported by substantial evidenced on the record as a whole. See Ash v. Colvin , 812 F.3d 686 , 689-90 (8th Cir. 2016). Specifically, we conclude that the ALJ gave several valid reasons for discounting the opinion of treating...
UNPUBLISHED PER CURIAM . John Burns appeals the district court's 1 order granting summary judgment to Audrianna Grisham, P.A. (Grisham), 2 in his action alleging Grisham violated the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692-1692p, by making misrepresentations while pursuing a state-court debt-collection proceeding against Burns, and by attempting to collect attorney's fees not authorized by the agreement creating the debt. 3 We conclude that summary judgment was...
UNPUBLISHED PER CURIAM . Cletis Goodman appeals from the order of the District Court 1 dismissing his 42 U.S.C. 1983 action that alleged due process violations related to the seizure of his personal property during a criminal investigation. After careful review, we conclude that Goodman could not proceed on a due-process claim because Nebraska law provides an adequate post-deprivation remedy. See Hudson v. Palmer , 468 U.S. 517 , 533 (1984) (holding "that an unauthorized intentional...
BENTON , Circuit Judge . A federal employee injured Jeffrey R. Lockhart in a car accident. Lockhart later required shoulder surgery. He sued under the Federal Tort Claims Act (FTCA). The district court, 1 in a bench trial, found the government 100% at fault for the collision, but only 20% liable for Lockhart's injury. He appeals the damages award. Having jurisdiction under 28 U.S.C. 1291, this court affirms. In March 2011, Lockhart was driving his truck south on a rural Missouri road....
SHEPHERD , Circuit Judge . Plaintiffs Morgan-Larson, LLC, Johnson Auto Electric, Inc., Speed Stop 32, Inc., and Yocum Oil Company, Inc. (collectively "Plaintiffs" or "Plaintiff-Appellants") appeal the district court's 1 dismissal of their claims for damages in their action against Defendants Ferrellgas 2 and AmeriGas 3 under Section 1 of the Sherman Act, see 15 U.S.C. 1. For the reasons stated below, we affirm the judgment of the district court. I. In the United States, Ferrellgas...
