2084 The Death of President Sammy Fuentes

2014 Eighth Circuit US Court of Appeals Case Law

Debtors filed a pro se Chapter 13 bankruptcy in order to stop a pending foreclosure of their residential unit.

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On appeal, debtors challenged the bankruptcy court's order denying their motion for violation of an automatic Petitioner claimed that she suffered past persecution based on her membership in a particular The court entered judgment in favor of appell Defendant pleaded guilty to conspiracy to distribute cocaine and to launder money.

On appeal, defendant challenged the district court's denial of his evidentiary hearing, claiming that the government improperly refused t The district court denied IFP status and dismissed the complaint because plaintiff had three strikes within t Hudson filed suit seeking a declaratory judgment that the Hired and Non-Owned Auto Liability endorsement to an insurance policy's Commercial General Liability Coverage Form provides no coverage to any defendant in the un The district court granted summary judgment Stonebridge appealed the district court's judgment in favor of Trip Mate, holding that Stonebridge breached an implied amendment to the parties' Managing General Agent Agreement that was incorporated into the Termination Plaintiff filed suit against XTO, an oil and natural gas producer, for damages caused by vibrations from drilling operations.

The jury returned a verdict for plaintiff and XTO moved for a new trial. The district court de Debtor filed for bankruptcy under Chapter 7 and the bankruptcy court refused to apply collateral estoppel to a state judgment, finding all the debt dischargeable.

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The district court reversed, finding all the debt nondisc In , Wheatley plaintiffs filed suit against the District alleging on-going violations of the Voting Rights Act, 42 U. In , the district court confirmed a settlement Defendant appealed his conviction for charges related to his activity in the mortgage lending and related businesses. The court concluded that the district court did not abuse its wide discretion in refusing to sever his Plaintiff, a pathologist, filed suit against Avera, alleging that Avera violated federal and state laws for terminating a Services Agreement.

Plaintiff appealed the bankruptcy court's orders granting a motion to dismiss and denying his motion for retroactive approval to prosecute a derivative action complaint. The panel concluded that, based upon the record an The trustee appealed from the bankruptcy court's order overruling the trustee's objection to debtor's claimed exemption in the portion of his state income tax refund which came from the Minnesota Education Credit as "gov Defendant appealed his conviction for failing to register as a sex offender under 18 U.

In , the A Defendants Henley, Smith, Elkins, Fry, Robinson, and Peteet pled guilty to racketeering conspiracy and various counts of violent crime in aid of racketeering in connection with their involvement in a motorcycle gang. The court affirmed the district court's dismissal of the action as time barred under Iowa's two-year s Taxpayers petitioned the Tax Court, challenging the Commission's notices of deficiency regarding their farmhouse. Defendant appealed the revocation of his supervised release and resulting month commitment to the BOP. The court affirmed, concluding that the sentence was not substantively unreasonable considering the reasons given Plaintiff filed suit against JLLA for, inter alia, failure to pay him a commission on a deal that closed shortly after his departure.

The district court sua sponte granted summary judgment for plaintiff and held that JLL Defendant plead guilty to one count of sexual exploitation of children and appealed the denial of his motion to suppress evidence seized under a search warrant from his room at the YMCA camp. The court agreed with the di Defendant pleaded guilty to being a felon in possession and appealed his sentence. The district court concluded that defendant's prior criminal history, including a conviction for a Kansas burglary, qualified him as The Bank filed suit against the Hanna Parties for breach of contract after the Hanna Parties failed to pay the balance due on a loan when it matured.

The Hanna Parties counterclaimed, alleging fraud, breach of fiduciary Petitioner, convicted of charges related to the unauthorized interception of cable service and illegal currency structuring for which he is serving 70 months imprisonment, argued that his Sixth Amendment right to counsel Lind, a controlling shareholder of Annex, opposed insurance The district court granted summary judgment to the City, i Defendant entered a conditional guilty plea to a charge of failing to register and update his sex offender registration, and subsequently appealed the denial of his motion to dismiss the indictment.

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Plaintiff appealed the denial of his application for Social Security disability and supplemental security income benefits. Thomas Hipp was driving a semi-tractor and trailer on a two-lane road when the trailer collided with a vehicle driven by Amy Soczynski. Amy died as a result of the collision and this appeal concerns the subsequent insura Defendant pled guilty to conspiracy to distribute marijuana and appealed the denial of his motion to suppress evidence.

The court held that, assuming that the agents' warrantless entry into defendant's home was not justi Defendants Bennett, Jennifer, and Clayton were found guilty of several counts stemming from two fraudulent schemes. Bennett and Clayton appealed their convictions and sentences, and Jennifer appealed her convictions. Plaintiff filed suit against Malone and others after he was injured by a pipe saddle. The jury returned a verdict for Malone and plaintiff appealed, raising numerous issues on appeal.

The court concluded that the distric Debtor, Nevel, is owned by Rubashkin's brother. At issue on appeal was whether SHF has any rights to a well located on lan Petitioner, a native and citizen of Burma, petitioned for review of the BIA's denial of her motion to remand and her later motion to reopen her application for asylum, withholding of removal, and protection under the Con Plaintiff filed suit against Sammy Hagar after he published an autobiography in which he alleged that plaintiff had extorted him by claiming she was pregnant with his child.

The district court granted summary judgment fo This case involved a scenario in which a creditor holds a third mortgage that is secured only by the debtor's principal residence, but the value of the creditor's interest in the home is zero, because the value of the re Bank appealed the district court's denial of its motion to intervene in a suit between a homeowner and her insurer, State Farm. The court concluded that the district court reasonably determined that the bank was too Plaintiffs Davis and Duncan also sued J Defendant appealed her sentence after being convicted of drug conspiracy and possession charges.

The district court found defendant ineligible for safety valve relief under 18 U. Defendant appealed her conviction for conspiracy to distribute and possess with intent to distribute at least one kilogram of heroin. The court concluded that there was sufficient evidence to convict defendant; the distr On appeal, Mathews challenged the district court's dismissal of his petition for Defendant appealed his conviction for conspiracy to distribute cocaine base. The court concluded that the evidence was sufficient to convict defendant of the conspiracy.

The court also concluded that the district court d Movant, convicted of conspiring to distribute ecstacy, moved to vacate his month sentence based on, inter alia, the ineffective assistance of appellate counsel. Movant argued that he is entitled to 28 U. The government filed an interlocutory appeal from the district court's order, arguing that 21 U.

On remand, the district court granted summary judgment to the City and Freethinkers appealed. The court concluded that The jury returned a verdict for Tyson and plaintiffs appealed. Key Medical filed suit alleging that the Agency exceeded its statutory authority when implementing a competitive-bidding system for Medicare's pricing of medical equipment and supplies. Key Medical acknowledges that the Petitioner, a citizen of Mexico, petitioned for review of the BIA's finding that petitioner did not qualify for cancellation of removal.

Petitioner argued that the BIA committed an error of law when it "failed to follow Defendant appealed his conviction and sentence for two counts of theft of government money, one count of Social Security disability fraud, one count of passing a false financial instrument with intent to defraud, and one Plaintiffs filed suit on behalf of themselves and a class, alleging a miscalculation of their Medicare Part B premium calculations. Plaintiffs conceded that they failed to exhaust administrative remedies.

Plaintiff filed suit against defendant, an employee of the Center, in state court for battery and under 42 U. Plaintiff also filed suit a Petitioner appealed the denial of his petition for habeas corpus under 28 U. The court found that the Minnesota state courts' adjudication of petitioner's ineffective assistance claim was not contrary to Suprem The district court denied summary ju Petitioner, convicted of three counts of capital murder and sentenced to death, was denied habeas relief under 28 U. This case stemmed from litigation involving long grain rice producers' allegations that Bayer contaminated the United States rice supply.

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After plaintiffs settled, the district court awarded common benefit fees from a co Defendants Campbell and Bailey appealed their sentences after pleading guilty to conspiracy to possess with intent to distribute anabolic steroids and conspiracy to commit money laundering. Defendants claimed that the di An IJ found petitioner's application frivolous and denied all forms of relief.

Defendant appealed his sentence and conviction for one count of sex trafficking by force, fraud or coercion; one count of interstate transportation for prostitution; two counts of sex trafficking of a child; and one coun Plaintiff class representatives filed suit for unjust enrichment and quantum merui Defendant appealed his conviction for conspiracy to possess cocaine with intent to distribute. The court concluded that the admission of a witness's identifications during the police interview and at trial did not violat Defendant appealed his sentence after pleading guilty to illegal reentry by a previously removed alien.

The court concluded that the district court did not err in applying a level enhancement under U. Viaero sought to construct a telecommunications tower in the City. After the City Council voted to deny Viaero's application for a permit to build the tower, Viaero filed suit for violation of the Telecommunications Act Defendant appealed his sentence after pleading guilty to possession of child pornography.

The court concluded that the district court did not err in imposing a year sentence that runs consecutive to his state sentence Plaintiff subsequently accepted defendants' offer The official liquidator of Palm Beach Funds filed suit against U. Bank for aiding and abetting a breach of fiduciary duty, willful and wanton negligence, and gross negligence.

The claims arose from the Palm Beach Funds Defendant appealed the district court's denial of his motion to suppress evidence of a firearm found on his person at the time of arrest after defendant pled guilty to being a felon in possession. Plaintiff filed suit asserting various state and federal claims against, inter alia, arresting officers, the City, his public defender, his probation officer, and two county sheriffs for delaying plaintiff's release.

Debtor appealed the the Bankruptcy Appellate Panel's BAP decision affirming a decision of the bankruptcy court approving a settlement between the Chapter 7 trustee and the City of Maplewood, and denying debtor's motion Plaintiff, a juvenile sexually assaulted by another juvenile, filed suit against several public employees, alleging that they were aware of a threat by the assailant but failed to take steps to prevent the abuse by notif The Union appealed from the district court's order vacating an arbitration award.

PSC argued that the plain language of the collective bargaining agreement CBA and the Standards of Conduct mandate that an employee foun Breaux asserted that PFI discriminated against him based on his right shoulder inju Petitioner, a native and citizen of Mexico, petitioned for review of the discretionary denial of his application for cancellation of removal under 8 U. The court concluded that petitioner's argument that th Plaintiff appealed the district court's grant of summary judgment in favor of Prairie Ethanol on his claim of disability discrimination under the Americans with Disabilities Act ADA , 42 U.

Plaintiff filed suit against defendant, individually and in his official capacity as a circuit judge, alleging violations of the Americans with Disabilities Act ADA , 42 U. Defendant, convicted of a firearms and a possession charge, appealed the district court's denial of his motion to suppress evidence obtained during a traffic stop of his vehicle and the evidence obtained during a search The court affirmed the district court's grant of su Sentis filed suit against Shell, alleging contract and fraud claims, and violations of Missouri franchise laws as well as the Petroleum Marketing Practices Act, 15 U.

The court agreed with the district c Defendant, a police officer, was found guilty of willfully depriving another person of the right to be free from the use of unreasonable force and knowingly falsifying a police report with the intent to obstruct justice The district court denied defendant's mot Defendant appealed his sentence after being convicted of two counts of bank robbery.

The district court sentenced defendant to life imprisonment because he previously had been convicted of two serious violent felonies. Plaintiff filed suit against Wyeth, alleging that she developed breast cancer after using Wyeth's's hormone therapy medication, Prempro. The district court found that defendant's refusal to complete a Post-Conviction Risk Assessment PCRA violated a condition of his supervised release and sentenced him to seven days imprisonment with no term of supervise Defendant appealed his month prison sentence for drug offenses for being too long and the Government appealed defendant's sentence for being too short.

At issue was the ambiguity of the career offender enhancement un These consolidated appeals concern two awards following an initial arbitratio Petitioner, convicted of a drug offense, appealed the district court's dismissal of his motion for post-conviction relief under 28 U. Plaintiff alleged that his counsel was ineffective in failing to move to sup Syngenta, producer of a genetically-modified corn seed, filed suit against Bunge, an agricultural produce storage and transport company, alleging breach of an obligation under the United States Warehouse Act USWA , 7 U Defendant appealed his sentence after pleading guilty without a plea agreement to various drug and firearms offenses.

The court concluded that the district court did not commit procedural error in applying a U. Plaintiff filed suit against prison officials after he was attacked three times by fellow inmates over the course of about a year and a half. Plaintiff claimed that the officials violated his Eighth Amendment right again Plaintiff filed suit against the County and others under 42 U. On appeal, plaintiff argued that the district court erred in granting defendants summ Plaintiffs, parents of minor children who reside in the District, filed suit challenging a resolution to exempt the District from the Public School Choice Act of , Ark.

Petitioner, convicted of conspiracy to distribute 50 grams or more of methamphetamine, appealed the district court's denial of his motion to vacate his sentence under 28 U. Petitioner alleged that his attorn Asarco filed suit against UP alleging breach of contract and seeking contribution regarding a dispute about environmental liability for a lead refinery and smelter which polluted Omaha, Nebraska.

The district court grant The court concluded that the Debtor, a managing member of Twister's Iron Horse Saloon, appealed the bankruptcy court's order determining that a debt arising from a civil judgment in favor of appellees for copyright infringement was excepted from dis Petitioner, a citizen of Gambia, petitioned for review of the BIA's dismissal of her appeal from an IJ's order that she be removed from the United States. The court concluded that there was substantial evidence to suppor The court agreed with the district court that the ALJ properly articulated his reasons for gran After looking at the three Mathews v.

Eldridge factors, the c Cargotec appealed the district court's conclusion that Cargotec's contract with NMC did not contain arbitration and indemnification provisions. As a preliminary matter, the court concluded that whether the arbitration cl Defendant appealed his conviction for conspiracy to commit bank robbery, possession of a firearm in furtherance of a crime of violence, and being a felon in possession of a firearm.

The court concluded that the evidence Plaintiff filed suit against Officers Santiago and Roth, the City, and the State, alleging constitutional violations under 42 U. Plaintiff appealed the denial of her applications for disability insurance benefits DIB and supplemental security income SSI.

Plaintiff argued that the ALJ failed to give adequate weight to her treating physician's o Plaintiffs, who guaranteed loans for their husbands' company, appealed the district court's grant of summary judgment in favor of Community on their claim under the Equal Credit Opportunity Act ECOA , 15 U. Defendant appealed her sentence after pleading guilty to one count of making a false statement to the government in connection with her receipt of Supplemental Security Income SSI benefits from the SSA.

The court concluded that defendant and his counsel were not entitled to advance notice before the district court imposed Defendant appealed his conviction for possessing and distributing child pornography. The court concluded that the district court did not misapply Rule in admitting into evidence defendant's prior conviction for traff December 31, Docket Number: United of Omaha Life Ins.

December 30, Docket Number: Michael Kip Browne Date: December 29, Docket Number: Knights of the Ku Klux Klan v. December 24, Docket Number: December 23, Docket Number: December 22, Docket Number: Equal Emp't Opportunity Comm'n v. Plymouth County, Iowa v. December 19, Docket Number: December 19, Docket Numbers: December 18, Docket Number: December 17, Docket Number: December 16, Docket Number: Emmanuel William Nyuon Date: December 15, Docket Number: State Fair Community College Date: December 12, Docket Number: Wells Fargo Bank, N.

December 11, Docket Number: Sandals Resorts International Date: December 10, Docket Number: December 9, Docket Number: Cleve Her Many Horses Date: December 9, Docket Numbers: December 8, Docket Number: Jon Reed Tollefson v. December 5, Docket Number: December 4, Docket Number: Chad Two Hearts Date: Credit Control Servs, Inc.

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December 2, Docket Number: December 1, Docket Number: November 28, Docket Number: November 26, Docket Number: GE Capital Commercial, Inc. November 25, Docket Numbers: November 25, Docket Number: November 24, Docket Number: November 20, Docket Number: Larry Big Boy Date: November 19, Docket Number: Monarch Fire Protection Dist.

November 18, Docket Number: November 17, Docket Number: November 17, Docket Numbers: Cesar Gustavo Aldana v.

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Michael Scott Luedtke Date: First National Bank, etc. Houston Casualty Company Date: Butte County, SD Date: November 14, Docket Number: November 12, Docket Number: November 10, Docket Number: November 7, Docket Number: Charles Evans, III v. November 6, Docket Number: November 4, Docket Number: Paris Cedrell Neal Date: November 3, Docket Number: Benjamin Mario Soto v. Minnesota Bureau of Criminal Date: October 30, Docket Number: October 29, Docket Number: October 28, Docket Number: October 27, Docket Number: October 27, Docket Numbers: Commissioner of IRS Date: October 24, Docket Number: October 23, Docket Number: Sheriff Ron Brown Date: United States of America v.

October 22, Docket Numbers: October 22, Docket Number: October 21, Docket Number: October 20, Docket Number: Bunge North America, Inc. October 17, Docket Number: October 17, Docket Numbers: Stephen Carlson, I v. October 14, Docket Number: American Family Mutual Ins. John Martin Donaldson Date: October 10, Docket Number: Bank of America, N. Charles John Guetti v. Benton County, Arkansas Date: October 8, Docket Number: Securitas Security Services Date: October 7, Docket Number: Tygr, LLC, et al. I send you my Margartia Gamez - Menard , TX. What a wonderful evangelist he was.

Arturo and Yolanda Calderon - CA. He was special just like you all. Sammy was born on October 28, and passed away on Thursday, July 16, The beautiful and interactive Eternal Tribute tells Sammy's life story the way it deserves to be told in words , pictures and video. Create an online memorial to tell that story for generations to come, creating a permanent place for family and friends to honor the memory of your loved one. Share that special photograph of your loved one with everyone. Document family connections, service information, special times and priceless moments for all to remember and cherish forever with support for unlimited copy.

Sister Thelma, I have great memories and I'm sure my brother's also Jacob Ray and Arthur of attending Segunda Iglesia and also to have known you and Sammy, about , the last time I. We were always playing his songs. Recently I wanted to play one that reminded of my mother,when I came across Sammys obituary.

So now the Varon de Dios is singing. So now the Varon de Dios is singing on the heavenly choir, and you know I can hear him from here as his songs are embedded in my mind. May God continue to bless you and your family. Sincerely, your brother in Christ. I send you my heart felt condolences.