DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
064135U.pdf 09/14/2009 USA v. Clint Ball
U.S. Court of Appeals Case No: 06-4135
U.S. District Court for the Western District of Missouri - Springfield
[UNPUBLISHED] [Per curiam - Before Bye, Riley and Benton, Circuit Judges]
Criminal case - criminal law and sentencing. For the court's prior
opinion in the matter see United States v. Ball, 499 F.3d 890 (8th Cir.
2007). On remand from the Supreme Court for reconsideration under
Gall, see Ball v. United States, 129 S.Ct. 2049 (2009). Defendant's
sentence does not run afoul of Gall; however, the Supreme Court's ruling
in Arizona v. Gant, 129 S.Ct. 1710 (2009) may be relevant to the issues,
and, without vacating the district court's judgment, the matter is
remanded to permit the district court to analyze the suppression issues in
light of Gant, and for a further evidentiary hearing, should the court deem
it necessary.
064135P.pdf 08/22/2007 USA v. Clint Ball
U.S. Court of Appeals Case No: 06-4135
U.S. District Court for the Western District of Missouri - Springfield
[PUBLISHED] [Riley, Author, with Bye and Benton, Circuit Judges]
Criminal case - Criminal law and sentencing. Statements agents relied
upon in creating the search warrant application had indicia of reliability
and the application created probable cause to issue the warrant;
warrantless search of the defendant's vehicle was contemporaneous with
his arrest and was permissible; challenges to evidentiary rulings rejected;
evidence was sufficient to support drug conspiracy and firearms
convictions; prior state drug conviction was a qualifying offense under 21
U.S.C. Sec. 841(b) even though defendant received a suspended sentence
in the case; sentence was not unreasonable as it was at the bottom of the
applicable guidelines range, was only 22 months above the applicable
statutory mandatory minimum and was the sentence requested by his
attorney.