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 March 3, 2021 |
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Click here to remove Verdict from subsequent Justia newsletter(s). | New on Verdict Legal Analysis and Commentary | The Hidden Ideological Stakes of SCOTUS Patent Case | MICHAEL C. DORF | | Cornell law professor Michael C. Dorf describes the ostensibly complex legal issues presented in United States v. Arthrex, Inc., in which the U.S. Supreme Court heard argument earlier this week, and explains how those issues reflect an ideological divide as to other, more accessible matters. Professor Dorf argues that although many conservatives would like to dismantle the modern administrative state, our complex modern society all but requires these government agencies, so conservatives instead seek to make them politically accountable through a Senate-confirmed officer answerable to the president, furthering the so-called unitary-executive theory of Article II. | Read More |
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US Court of Appeals for the Eighth Circuit Opinions | United States v. Cooper | Docket: 20-1053 Opinion Date: March 2, 2021 Judge: Bobby E. Shepherd Areas of Law: Criminal Law | The Eighth Circuit affirmed defendant's conviction for distribution of a controlled substance resulting in serious bodily injury and conspiracy to distribute a controlled substance. The court concluded that the evidence was sufficient to support defendant's convictions; the district court did not abuse its discretion in admitting evidence of defendant's prior drug transactions under Federal Rule of Evidence 404(b); the district court committed harmless error by admitting evidence of a prior overdose resulting from his distribution; and the district court did not abuse its discretion by admitting evidence of his prior felony conviction for aggravated assault under Federal Rule of Evidence 609. | | United States v. Mofle | Docket: 20-1212 Opinion Date: March 2, 2021 Judge: Raymond W. Gruender Areas of Law: Criminal Law | The Eighth Circuit affirmed the district court's denial of defendant's motion for a sentence reduction under 18 U.S.C. 3582(c)(2). The court concluded that the district court correctly determined that defendant's 2019 motion for a sentence reduction under Guidelines Amendment 782 was untimely under Federal Rule of Appellate Procedure 4(b); the Government did not forfeit its right to invoke Rule 4(b) as a time bar to defendant's 2019 motion; and the district court did not violate Federal Rule of Criminal Procedure 57(b) by enforcing Rule 4(b) against defendant's 2019 motion. | | United States v. Zupnik | Docket: 19-1916 Opinion Date: March 2, 2021 Judge: Melloy Areas of Law: Criminal Law | The Eighth Circuit affirmed defendant's conviction for attempted enticement of a minor using the internet, holding that the evidence was sufficient to support his conviction. The court also held that there was more than sufficient evidence that the jury could have relied upon in finding that defendant responded promptly to the opportunity to solicit a minor and was, therefore, not entrapped by the government. | |
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