UNPUBLISHED PER CURIAM . Joshua D. Kochen appeals from the order of the District Court 1 affirming the denial of disability insurance benefits and supplemental security income. After de novo review of the record and consideration of Kochen's arguments for reversal, we conclude that substantial evidence on the record as a whole supports the decision. See Fentress v. Berryhill, 854 F.3d 1016 , 1019-20 (8th Cir. 2017) (discussing standard of review). Specifically, the administrative law...
SHEPHERD , Circuit Judge . In June 2017, a jury found Clark Wesley Betts, Jr., guilty of one count of sex trafficking of a minor under the age of 18, one count of sex trafficking of a minor under the age of 14, and three counts of distribution of crack cocaine to a person under the age of 21 in violation of 18 U.S.C. 2, 1591 and 21 U.S.C. 841(a)(1), 859. Betts appeals his conviction, alleging multiple evidentiary errors. Having jurisdiction under 28 U.S.C. 1291 and for the reasons...
STRAS , Circuit Judge . William Shine received a 72-month prison sentence for being a felon in possession of a firearm. On appeal, he challenges the district court's 1 decision to treat his prior Missouri conviction of attempted first-degree robbery as a "crime of violence." 2 See U.S.S.G. 2K2.1(a)(4)(A). We affirm. The Sentencing Guidelines establish a higher base offense level for a felon-in-possession who has a prior conviction for a "crime of violence." Id. A "crime of violence"...
UNPUBLISHED PER CURIAM . Patricia Webb appeals after she pled guilty to wire fraud and aggravated identity theft pursuant to a plea agreement that contained an appeal waiver. The district court 1 varied upward to sentence her to 72 months in prison on the wire-fraud counts, plus a mandatory 24-month consecutive prison term on the identity-theft count. It also ordered forfeiture and restitution. Webb now argues that the appeal waiver should not be enforced, that her sentence is unreasonable,...
UNPUBLISHED PER CURIAM . Omar Sharif Beasley pleaded guilty to conspiracy to distribute heroin, methamphetamine, oxycodone, hydromorphone, hydrocodone, and methadone in violation of 21 U.S.C. 846. In the plea agreement, the parties stipulated to guidelines calculations that would result in an advisory guidelines range of 360 months to life in prison based on a total offense level of 37 and a likely criminal history category of VI. At sentencing, the district court 1 determined an...
LOKEN , Circuit Judge . At the time in question, Gerald Johnson was a special education teacher at Roosevelt High School in Des Moines, Iowa. On December 4, 2015, Student C.P. alleged that Johnson had called her into his classroom the day before to discuss her grades and attendance issues and, during the meeting, locked the door and touched her inappropriately. On January 19, 2016, Johnson was charged in Iowa State Court with Sexual Exploitation by a School Employee and Assault with Intent...
MELLOY , Circuit Judge . Linda and Roger Durand, both of whom are hearing-impaired, and their hearing-abled daughter, Priscilla Durand (collectively, "Appellants"), allege Fairview Ridges Hospital ("Fairview") failed to provide "meaningful access" to "auxiliary aids and services," in the form of American Sign Language (ASL) interpreters and a teletypewriter (TTY), during the course of their adult son Shaun Durand's terminal hospital stay, in violation of Title III of the Americans with...
WOLLMAN , Circuit Judge . The Commissioner of Internal Revenue (Commissioner) appeals from the tax court's valuation of Medtronic, Inc. and its consolidated subsidiaries' (Medtronic) true income for the 2005 and 2006 tax years. The Commissioner characterizes this dispute as involving "the classic case of a U.S. multinational taxpayer (Medtronic) shifting income from its highly profitable U.S. operations and intangibles to an offshore subsidiary operating in a tax haven (Medtronic [Puerto...
SMITH , Chief Judge . Ecclesiastical Denzel Washington brought suit against Larry Denney, Ronda Pash, Cynthia Prudden, and Cheryl Richey, corrections officials (collectively, "corrections officials") at Crossroads Correctional Center ("Crossroads"), for violation of his Eighth Amendment rights under 42 U.S.C. 1983. Specifically, he alleged that these officials were deliberately indifferent to his serious medical need by failing to take reasonable steps to abate the risk of harm that...
SHEPHERD , Circuit Judge . Jessica Parm, Sarah Arce, Anne Bowers, and Nena Osorio represent a class of people who purchased goods from Bluestem Brands, Inc. ("Bluestem") and were extended a line of credit in order to make those purchases. As part of the financing application, each plaintiff agreed to arbitrate any dispute "arising from or relating to the credit offered or provided to" them. After discovering that Bluestem allegedly engaged in unscrupulous business practices, the plaintiffs...
COLLOTON , Circuit Judge . Elena Polukhin, a physician, pleaded guilty to one count of aiding and abetting the solicitation and receipt of kickbacks in return for referring patients to a pharmacy. See 42 U.S.C. 1320a-7b(b)(1)(A); 18 U.S.C. 2. The district court 1 sentenced Polukhin to eighteen months' imprisonment, and ordered her to make restitution in the amount of $421,329.19. Polukhin appeals only the restitution order. The offense of conviction did not authorize the amount of...
COLLOTON , Circuit Judge . This appeal arises from a foreclosure on the home of Thomas and Mary Litterer in Burnsville, Minnesota. The home was sold at a sheriff's sale to U.S. Bank, the mortgage owner, in November 2014. The redemption period — that is, the period during which the Litterers could pay off their debt and "redeem" their property — expired on March 1, 2015. On March 2, the Litterers sued their loan servicer, Rushmore Loan Management Services, in Minnesota state court for...
LOKEN , Circuit Judge . Keidell Doyal pleaded guilty to being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C. 922(g)(1) and 924(a)(2). At sentencing, based on Doyal's prior conviction for second degree domestic assault in violation of Mo. Rev. Stat. 565.073, the district court 1 increased Doyal's base offense level to level 20 because he "committed any part of the instant offense subsequent to sustaining one felony conviction of either a crime of violence...
COLLOTON , Circuit Judge . In April 2016, several parties to the decades-old St. Louis public school desegregation litigation moved to enforce the 1999 Desegregation Settlement Agreement. The moving parties were plaintiffs in the original case, known as the Liddell and Caldwell-NAACP plaintiffs (the Plaintiffs), and the Special Administrative Board of the Transitional School District of the City of St. Louis (the Special Administrative Board). The Plaintiffs and the Special Administrative...
BEAM , Circuit Judge . Debtors, the McCormicks, appeal the ruling of the Eighth Circuit Bankruptcy Appellate Panel (BAP), affirming the bankruptcy court's order that Starion Financial was entitled to $83,122.95 in attorney fees and costs incurred to collect on its secured debt in the course of the McCormicks' bankruptcy proceedings. We affirm. I. BACKGROUND This is the second appearance before this court by these parties with a bankruptcy-generated attorney fees dispute. In the underlying...
COLLOTON , Circuit Judge . Maria Garcia-Mata, a citizen of Mexico, petitions for review of a decision of the Board of Immigration Appeals. After an immigration judge ordered withholding of removal, the Board vacated that decision, denied relief, and ordered Garcia-Mata removed to Mexico. Garcia-Mata argues that the Board conducted de novo review and made its own findings of fact, contrary to governing regulations. We cannot tell from the Board's rather opaque opinion whether the agency...
UNPUBLISHED PER CURIAM . Stanley D. Adkins pleaded guilty to conspiracy to distribute and possession with intent to distribute methamphetamine in violation of 21 U.S.C. 841(a)(1), (b)(1), and 846, and to distribution of methamphetamine in violation of 21 U.S.C. 841(a)(1) and (b)(1). The district court 1 sentenced him to concurrent terms of 40 months' imprisonment, to be followed by concurrent four-year terms of supervised release. Adkins challenges the procedural and substantive...
BENTON , Circuit Judge . The plaintiffs sued Ferrellgas Partners, L.P., Ferrellgas, L.P. (collectively "Ferrellgas"), and AmeriGas Partners, L.P., alleging antitrust violations and seeking relief under federal and state law. The district court granted summary judgment for Defendants. Having jurisdiction under 28 U.S.C. 1291, this court affirms in part and remands in part. I. Ferrellgas 1 and AmeriGas are the nation's largest distributors of pre-filled propane exchange tanks, which come...
BEAM , Circuit Judge . In this dispute between a pharmacy trade association, Pharmaceutical Care Management Association (PCMA) and the State of Arkansas, PCMA appeals the district court's ruling that an Arkansas state statute is not preempted by Medicare Part D, 42 U.S.C. 1395w-26(b)(3), and the State of Arkansas appeals the district court's ruling that the statute is preempted by ERISA, 29 U.S.C. 1144(a). Because the state statute in question is preempted by both ERISA and the...
KELLY , Circuit Judge . A jury convicted Ler Wah Guide of possession of a firearm by a prohibited person, in violation of 18 U.S.C. 922(g)(9). Guide appeals, arguing that he was not prohibited from possessing firearms because he did not knowingly and voluntarily waive his right to a jury trial when he pleaded guilty to misdemeanor domestic abuse in 2013. We affirm. I. Background Guide cannot speak or read English, but instead speaks and reads only the Karen language. In 2013, he pleaded...
