Free US Court of Appeals for the Eighth Circuit case summaries from Justia.
If you are unable to see this message, click here to view it in a web browser. | | US Court of Appeals for the Eighth Circuit February 15, 2020 |
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Click here to remove Verdict from subsequent Justia newsletter(s). | New on Verdict Legal Analysis and Commentary | The Investors’ Control of Their Investment Advisers. Who Has the Final Word? | TAMAR FRANKEL | | BU Law emerita professor Tamar Frankel discusses an emerging issue affecting financial advisers—when a client may exercise control over the actions of the adviser. Frankel relates the story of an investment adviser that did not follow the client’s orders to cease certain investments, at a cost of almost $5 million to the client. As Frankel explains, the Securities and Exchange Commission (SEC) got involved, resulting in the investment adviser’s settlement for a significant payment to the client and other conditions. | Read More |
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US Court of Appeals for the Eighth Circuit Opinions | United States v. Jesse | Docket: 18-3673 Opinion Date: February 14, 2020 Judge: Melloy Areas of Law: Criminal Law | Jesse received a suspended sentence and probation for possession of methamphetamine, second offense. Due to several probation violations and arrests, she spent more than 332 days in custodial settings. She was arrested again in June 2003. A state court imposed a revocation sentence of an indeterminate term not to exceed two years’ incarceration. Jesse’s attorney had consulted with the Iowa Department of Corrections, which indicated that Jesse would fully serve her sentence in no more than 332 days; based on her time in custodial settings, she had already served more than that amount of time. The Department advised that Jesse should not be transported to the Classification Center and that counsel should apply for an order discharging Jesse’s sentence. The court granted that order. At sentencing following her guilty plea to federal methamphetamine charges, the issue was whether the state sentence was for more than one year and one month for purposes of calculating criminal-history points under U.S.S.G. 4A1.1(a); 4A1.2(e)(1). The court found that the state sentence was two years, which resulted in an advisory range of 188-235 months. Applying 18 U.S.C. 3553(a), the court noted Jesse’s personal history and imposed a 175-month sentence. The Eighth Circuit affirmed. Courts should rely on the judgment imposing sentence, rather than evidence of time actually served when calculating criminal history points. The state judge expressly vacated the order regarding Jesse’s transport to prison but did not vacate the sentence and did not believe himself to be amending, retracting, or replacing the sentence. | | United States v. Thomas | Docket: 18-3393 Opinion Date: February 14, 2020 Judge: Grasz Areas of Law: Criminal Law | Thomas was charged with a 10-year conspiracy involving kidnapping, forced labor, hate crimes, and racketeering-related violent crimes. The court rejected his guilty plea and ordered competency restoration under 18 U.S.C. 4241(b). Thomas was evaluated at a Medical Center for Federal Prisoners. Clinical Psychologist Chavez concluded Thomas was unlikely to become competent in the foreseeable future; 18 U.S.C. 4246(d) required commitment if, due to Thomas's mental deficiencies, his release would create a substantial risk of bodily injury or serious property damage. A Risk Assessment Panel diagnosed Thomas with an unspecified neurocognitive disorder, borderline intellectual functioning, and adult antisocial behavior, finding that Thomas “show[ed] a pattern of violating the rights of others,” and had previously been convicted of sexual assault, and implied that his professional boxing career suggested violent tendencies. The Panel explained that Thomas was easily manipulated by his domestic partner (the conspiracy’s ringleader). Thomas’s denials of past violence indicated a lack of empathy. The court granted Thomas’s request for an independent examination. Clinical Psychologist DeMier largely agreed with the diagnosis but concluded that Thomas’s dangerousness primarily stemmed from his manipulability, not his mental defects and did not warrant commitment. The court noted Chavez and the Panel spent significantly more time evaluating Thomas and because DeMier’s opinion was inconsistent. Thomas was committed to the Attorney General’s custody. The Eighth Circuit affirmed. That DeMier’s “less-than-robust opinion” is contrary to the court’s conclusion does not warrant clear-error reversal. | |
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