OPINIONS ARE POSTED DAILY BETWEEN 10:00 and 11:00 a.m.

Current Opinions are for Wednesday, August 10, 2022 

DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                           as a courtesy to the reader.  They are not part of the opinion of the court.

202756P.pdf     08/10/2022  United States  v.  Omar Taylor
   U.S. Court of Appeals Case No:  20-2756
   U.S. District Court for the District of Minnesota   
   [PUBLISHED] [Erickson, Author, with Gruender and Stras, Circuit Judges] 
   Criminal case - Criminal law. The evidence was sufficient to support 
   defendant's sex trafficking convictions; the district court did not err 
   when it instructed the jury that a "happy-ending massage" was a commercial 
   sex act; the district court did not abuse its discretion in admitting 
   prior bad act evidence - defendant's 2005 conviction for criminal sexual 
   assault in the third degree, his acts with one of the sex workers, and his 
   prior convictions for armed burglary and forgery; conviction for both sex 
   trafficking of a minor and sex trafficking by force, fraud, and coercion 
   with the same victim does not create Double Jeopardy violation as the two 
   counts each require proof of an element the other does not. Judge Gruender 
   concurring in part and dissenting in part. 
  
212309P.pdf     08/10/2022  Omar Osman Mohamed  v.  Merrick B. Garland
   U.S. Court of Appeals Case No:  21-2309
   Petition for Review of an Order of the Board of Immigration Appeals   
   [PUBLISHED] [Erickson, Author, with Gruender and Benton, Circuit Judges] 
   Petition for Review - Immigration. Petitioner has presented no cognizable 
   basis that would prohibit the BIA from remanding his case for development 
   of the record on an issue that the record shows was not plainly argued or 
   developed - the nature and source of the threats petitioner received while 
   working as a musician and posting a video of him appearing with a 
   partially clothed woman and whether the threats were tied to his religion; 
   the agency did not err in requiring petitioner to present corroborating 
   evidence to satisfy his burden of proving he faced a particularized threat 
   of persecution; because petitioner is ineligible for withholding of 
   removal because he cannot show future persecution on account of a 
   protected ground, the court would not consider his arguments as to whether 
   the agency erred in finding he could relocate within Somalia. 
  
212929P.pdf     08/10/2022  United States  v.  Anthony Robinson
   U.S. Court of Appeals Case No:  21-2929
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Colloton, Author, with Melloy and Gruender, Circuit Judges] 
   Criminal case - Criminal law. The district court's order directing the 
   Bureau of Prisons to turn over all of the funds in Robinson's inmate trust 
   account for payment toward an outstanding restitution obligation was not 
   adequately supported by the record concerning the source of the funds, and 
   the matter is remanded for further proceedings. See U.S. v. Kidd, 23 F.4th 
   781 (8th Cir. 2022). 
  
213243P.pdf     08/10/2022  Nani Keta  v.  Merrick Garland
   U.S. Court of Appeals Case No:  21-3243
   Petition for Review of an Order of the Board of Immigration Appeals   
   [PUBLISHED] [Colloton, Author, with Melloy and Gruender, Circuit Judges] 
   Petition for Review - Immigration. The agency's negative credibility 
   finding concerning petitioner's testimony was supported by substantial 
   evidence; absence of a Kunama interpreter did not deny petitioner due 
   process as he was provided a Tigrinya interpreter, and petitioner 
   repeatedly assured the IJ that he and the interpreter understood each 
   other; a document used for impeachment of a petitioner's testimony need 
   not be made available to the petitioner before the hearing, and the 
   government could confront petitioner with his prior inconsistent 
   statement; the BIA did not err in concluding that the evidence was 
   insufficient as a matter of law to support the IJ's finding that 
   petitioner would likely be tortured; anecdotal reports of imprisonment of 
   returnees from Sudan, and reports of torture at the prison where they were 
   held were not sufficient to support a finding that petitioner in 
   particular was likely to be imprisoned and tortured if returned from the 
   U.S. to Eritrea. 
  
213478P.pdf     08/10/2022  United States  v.  Robert Ivers
   U.S. Court of Appeals Case No:  21-3478
   U.S. District Court for the District of Minnesota   
   [PUBLISHED] [Melloy, Author, with Erickson and Kobes, Circuit Judges] 
   Criminal case - Criminal law. At his probation revocation, defendant 
   showed he was justifiably dissatisfied with his appointed attorney who was 
   unprepared to handle the proceedings; the district court erred by forcing 
   defendant to either proceed pro se or with his unprepared attorney, and 
   defendant's wavier of his right to counsel was not knowing or voluntary; 
   the revocation judgment is reversed, and the matter is remanded for 
   further proceedings. Judge Kobes, dissenting. 
  
213879P.pdf     08/10/2022  United States  v.  Donte Kent
   U.S. Court of Appeals Case No:  21-3879
   U.S. District Court for the Northern District of Iowa - Cedar Rapids   
   [PUBLISHED] [Melloy, Author, with Erickson and Kobes, Circuit Judges] 
   Criminal case - Sentencing. Defendant's conviction for interference with 
   official acts inflicting bodily injury in violation of Iowa Code Sec. 
   719.1 was a crime of violence for sentencing purposes; the offense cannot 
   be committed recklessly and involves active and intentional conduct; 
   therefore, the district court did not err in sentencing defendant as a 
   career offender under Guidelines Sec. 4B1.1.