United States v. Benjamin Higgerson
| United States of America |
| Benjamin John Higgerson |
| 26-1225 |
| February 6, 2026 |
| U.S. Court of Appeals, Eighth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
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| United States v. Benjamin Higgerson |
Docket Report
This docket was last retrieved on August 3, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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JUDGMENT FILED - The judgment of the Originating Court is AFFIRMED in accordance with the opinion RAYMOND W. GRUENDER, BOBBY E. SHEPHERD and JUSTIN D. SMITH Scrg July 2026 [5667601] [26-1225] (DAK) [Entered: 08/03/2026 08:24 AM]
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PER CURIAM OPINION FILED - THE COURT: Raymond W. Gruender, Bobby E. Shepherd and Justin D. Smith. The motion to withdraw as counsel filed by William Lester Breedlove is granted [ # 5625612-2 ]. (UNPUBLISHED); [5667596] [26-1225] (DAK) [Entered: 08/03/2026 08:19 AM]
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CASE SUBMITTED Screening Case Submission before Judges Raymond W. Gruender, Bobby E. Shepherd, Justin D. Smith in St. Louis [5665285] [26-1225] (JES) [Entered: 07/27/2026 12:24 PM]
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CORRECTED/INITIAL certificate of service for brief Appellant/Petitioner Brief, Doc No. [ # 5627393-2 ], Addendum, Doc No. [ # 5627395-2 ], filed by Appellant Benjamin John Higgerson [5632814] [26-1225] (WLB) [Entered: 04/27/2026 08:25 AM]
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Paper copies Appellant/Petitioner Brief, [ # 5627393-2 ] filed by Benjamin John Higgerson 10 paper copies received. w/Addendum attached Paper brief deficiency due 04/22/2026. [5630042] [26-1225] (JES) [Entered: 04/17/2026 10:58 AM]
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ADDENDUM of APPELLANT FILED by Appellant Benjamin John Higgerson , w/service 04/09/2026 [5627395] [26-1225] (JES) [Entered: 04/09/2026 01:01 PM]
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BRIEF FILED - ANDERS BRIEF filed by William Lester Breedlove for Benjamin John Higgerson , w/service 04/09/2026 , Length: 7 pages 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Benjamin John Higgerson due 04/14/2026 WITH certificate of service for paper briefs [5627393] [26-1225] (JES) [Entered: 04/09/2026 01:00 PM]
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CLERK ORDER: Appellant's appointed attorney has moved for leave to withdraw and has tendered a brief in conformance with Anders v. California, 386 U.S. 738 (1967). The Clerk is directed to file the Anders brief. Appellant is granted permission to file a pro se supplemental brief raising any additional issues he wishes the court to consider. The remainder of the briefing schedule is suspended pending review of the appellant's briefs pursuant to Penson v. Ohio, 488 U.S. 75 (1988). Appointed counsel's motion to withdraw is held in abeyance pending the Penson review. Supplemental/letter brief due on 04/30/2026. [5627390] [26-1225] (JES) [Entered: 04/09/2026 12:56 PM]
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APPELLANT brief of Benjamin John Higgerson submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5625613] [26-1225] (WLB) [Entered: 04/05/2026 11:15 PM]
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Addendum of APPELLANT submitted for review by Benjamin John Higgerson. To open/view this addendum, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. [5625614] [26-1225] (WLB) [Entered: 04/05/2026 11:15 PM]
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MOTION to withdraw as appointed counsel, filed by Attorney William Lester Breedlove for Appellant Benjamin John Higgerson w/service 04/05/2026. [5625612] [26-1225] (WLB) [Entered: 04/05/2026 11:14 PM]
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CLERK ORDER: Appellants motion for an extension of time [ # 5619498-2 ] is granted in part to April 8, 2026. Requests for an extension of time are not favored and may only be granted for good cause. Please note that general statements about the failure to monitor due dates are not adequate to demonstrate good cause and requests for an extension should be filed in advance of the due date. [5620054] [26-1225] (JES) [Entered: 03/19/2026 09:25 AM]
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MOTION for extension of time to file brief until 04/16/2026, filed by Attorney William Lester Breedlove for Appellant Benjamin John Higgerson w/service 03/17/2026. [5619498] [26-1225] (WLB) [Entered: 03/17/2026 10:16 PM]
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Re-mailed correspondence - case docket letter, [ # 5605571-2 ], clerk order appoint cja counsel, [ # 5605588-2 ], briefing schedule, [ # 5605597-2 ] to Benjamin John Higgerson in Muscatine, IA. [26-1225] (ASL) [Entered: 03/04/2026 09:22 AM]
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RECORD FILED - SEALED PSI REPORT, 1 volumes, Comments: 1 volume, 3 copies of Sealed District Court documents #48 (Sealed PSI Report, Addendum, and Second Addendum), #58 (Sealed Judgment and Statement of Reasons), and #153 (Sealed USPO Revocation Worksheet), Source Location: USDC / SI [5612865] [26-1225] (STL) [Entered: 02/27/2026 10:11 AM]
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RECORD FILED - HEARING TRANSCRIPT, 1 volumes, Comments: Revocation Hearing - District Court document #162 [Only Electronic Copy Received - No Paper Copy on File], Source Location: USDC / SI, Dt. of Proceeding/Hearing: 01/21/2026, No. of Pgs.: 17, Court Reporter: Mulcahy, Kelli M [5612860] [26-1225] (STL) [Entered: 02/27/2026 10:05 AM]
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APPEARANCE filed by Melisa Zaehringer for Appellee United States of America w/service 02/10/2026 [5606540] [26-1225] (MKZ) [Entered: 02/10/2026 10:58 AM]
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Originating court document filed consisting of notice of appeal filed 2/2/2026, Original Judgment filed 4/27/2017, Amended Judgment filed 11/27/2017, Judgment on Revocation filed 1/21/2026, and docket entries, [5605578] [26-1225] (ASL) [Entered: 02/06/2026 11:44 AM]
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CRIMINAL BRIEFING SCHEDULE SET AS FOLLOWS: PSI report due 02/27/2026. Transcript due 02/27/2026. Brief of appellant Benjamin John Higgerson due 03/13/2026. Appellee(s) brief is due 21 days from the date the court issues the Notice of Docket Activity filing the appellant(s) brief. Appellant reply brief is due 7 days from the date the court issues the Notice of Docket Activity filing the appellee's brief. [5605597] [26-1225] (ASL) [Entered: 02/06/2026 12:03 PM]
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CLERK ORDER: Appointing William Lester Breedlove for Benjamin John Higgerson under the Criminal Justice Act. [5605588] [26-1225] (ASL) [Entered: 02/06/2026 11:50 AM]
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CRIMINAL case docketed. [5605571] [26-1225] (ASL) [Entered: 02/06/2026 11:38 AM]
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| Plaintiff: United States of America | |
| Represented By: | Melisa K. Zaehringer |
| Represented By: | Kyle P. Hanson |
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| Defendant: Benjamin John Higgerson | |
| Represented By: | Benjamin John Higgerson |
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JUDGMENT FILED - The judgment of the Originating Court is AFFIRMED in accordance with the opinion RAYMOND W. GRUENDER, BOBBY E. SHEPHERD and JUSTIN D. SMITH Scrg July 2026 [5667601] [26-1225] (DAK) [Entered: 08/03/2026 08:24 AM]