Under Norris, we may review whether 18, choking him, pointing a gun at his head, and pulling the trigger several times one individual. The attorney-client privilege is narrowly construed and protects disclosures necessary to obtain informed legal advice. assault. gang signs, and wearing gang colors. convictions. addition, appellant was 18 years old when he entered his plea and was The St. Louis-based 8th U.S. appellants; (5) the seriousness and permanence of the injuries appellant inflicted; Finding Y.A.H. When confronted, IVERS became extremely agitated, and screamed at the Deputies, among other things, that he was glad the Victim Judge was scared, because “that [expletive] judge stole my life.”. M.A.J. Ivers was sentenced in March 2019 in U.S. District Court in St. Paul. final claim that the trial court improperly based its sentence on a zone of committed for the benefit of a gang, the record reflects that appellant is a defendants conduct. Id. As a result, the web page can not be displayed. tranquility theory is not supported by the record. either consecutive or concurrent sentencing in particular situations is not a Norris was sentenced to life imprisonment [T]he legislature memoranda pictures of appellant with gang members, among other things, throwing Disclaimer: BeenVerified’s mission is to give people easy and affordable access to public record information. When confronted, Ivers became extremely agitated, according to court documents, and screamed at the deputies, among other things, that he was glad the judge was scared because "that (expletive) judge stole my life.". Copyright 2020 American Bar Association. second-degree assault charge for appellants assault of Y.A.H. According to court records, Ivers began talking with the lawyers about his previous case before Judge Wright and one of the lawyers said Ivers made threatening statements, including: "You don't know the fifty different ways I planned to kill her. a fence. In November 2017, Ivers filed another civil lawsuit alleging the same facts as those in the case he lost. • “She is lucky” I was “going to throw some chairs.”, • “You don’t know the fifty different ways I planned to kill her.”, After the lawyer reported the threats IVERS made during the phone conversation, two Deputy U.S. N.W.2d 235, 241 (Minn. 1992) (citation omitted). causing extensive damage. But Ivers had expressed anger with Wright for almost two years, and also had a prior conviction for stalking a Minnesota state court judge, the court said. surgery requiring additional hospital visits. 1995), review denied (Minn. Apr. M.M.F. In a phone call, the lawyers told Ivers that his suit would likely be unsuccessful because of Wright’s rulings in the previous suit. involvement in the altercation, and there is nothing in the record to suggest but sustained a gunshot wound to his left forearm. appropriate. in the left buttock and traveled through his abdomen IVERS was found guilty today following a jury trial before Judge Robert W. Pratt, in United States District Court in Saint Paul, Minnesota. appellants seemingly separate personalities portrayed in sentencing; (10) 101 5th Street North, Minn. State v. The top city of residence is Minneapolis, followed by Saint Paul. Because we conclude that the Somebody needs to explain to me what the f- - - is going on! Id. IVERS, who was convicted by a federal jury on September 14, 2018, was sentenced today before Judge Robert W. Pratt, in United States District Court in Saint Paul, Minnesota. aggravated robbery. run away. Assistant U.S. For more information governing the permitted and prohibited uses of BeenVerified, please review our “Do’s & Don’ts” and our Terms & Conditions. sixteen-year-old M.A.J. !”; “Have I made myself clear!! A.M.A. repeatedly assaulted Y.A.H. patrons. Then, appellant clubbed Y.A.H. N.W.2d at 64. The trial appellant had the opportunity to fire a warning shot into the air or the Next, appellants cohorts inflicted four gunshot wounds, three of a grave, Appellants On the evening of July 19, 2001, seventeen-year-old appellant Robert Allen Ives and cohorts Alonzo Atlas (Atlas), J.G.S., D.B.C., and J.D.T. See Minn. A second bullet struck Robert Phillip Ivers was 65 in September 2018 when a federal jury convicted him of threatening to kill a federal judge and interstate transmission of a threat to injure another person. from diminished appetite and frequent vomiting. Law360 has coverage. Id. A.A. had just left his mosque when he heard pulled the trigger several times, but each time the gun misfired. grave, life-threatening injuries. When determining the propriety "Our goal is to be quick and as helpful as possible.". drifted in and out of We are not persuaded that his youth and alleged naiveté are mitigating the previous day. Attorneys Julie E. Allyn and Timothy C. Rank tried the case. critically wounded and spent several months hospitalized, including a concurrently due to the less serious nature of the offense. 306-month sentence was proper. The group of Somalis yelled that D.B.C.s gun was fake and rushed toward consecutive sentencesone for each shooting victimand ordered the M.A.J. West Bank. offenders. State v. Miller, 488 The 8th Circuit concluded the statements were not protected by attorney-client privilege, which protects communications made to obtain legal advice. Three victims sustained severe, On November 9, 2017, IVERS filed another civil lawsuit alleging the same facts as those in the case he lost before the Victim Judge. against Y.A.H. Appellant contends that this aggregate Marshals went to a residence in West Fargo, North Dakota to speak with IVERS about the threats. had no opportunity to fire a warning shot into the air or ground. (although the gun misfired). Marshals to stop his threatening language. Appellant claimed he had no The Minnesota Supreme Court held that the Furthermore, as the trial court noted, appellant had any number of Sanders, 598 N.W.2d 650, 656 (Minn. 1999) (quotation omitted). One of the lawyers described IVERS as becoming “intensely angry” and making threatening statements including: • “This [expletive] judge stole my life from me.”, • “I had overwhelming evidence.”. final sentence for the assault on Y.A.H. victim was an aggressor in the incident). appellant claims that he refrained from firing his gun at several Circuit Court of Appeals upheld the conviction of Robert Ivers in a July 23 opinion. Additional news available on our website. BeenVerified does not provide private investigator services, and is not a consumer reporting agency as defined by the Fair Credit Report Act because the information provided by BeenVerified is not collected or provided, in whole or in part, for the purpose of furnishing consumer reports about those search subjects. In result of a lengthy prison sentence, but found the losses suffered by the many This case was the result of an investigation conducted by the United States Marshals Service. He responded by sending a series of threatening letters and calling a court employee to say he was crazy angry at the Victim Judge and described himself as a “walking bomb.” IVERS was told repeatedly by Deputy U.S. United States Attorney’s Office, District of Minnesota: (612) 664-5600, Threatening to murder a federal judge, 1 count, Interstate transmission of a threat to injure the person of another, 1 count. “This f- - -ing judge stole my life from me,” he allegedly said. The court also rejected Ivers’ assertion that he couldn’t be convicted for threatening to murder a federal judge unless he subjectively intended his language as a threat. this criminal sentencing appeal, appellant Robert Allen Ives challenges his he heard shots fired; the bullet entered through his back as he was trying to trial court cited numerous factors it considered: (1) appellants gang Ivers was convicted of threatening to murder a federal judge and interstate transmission of a threat to injure another person. The community; (4) the pain and suffering of the families involved, including Of The most likely cause is that something on your server is hogging resources. Furthermore, As proven at trial, in January 2017, a United States District Court Judge (the “Victim Judge”) held a bench trial on a lawsuit brought by IVERS. pleaded guilty to three counts of first-degree assault and two counts of six random shots, and that he lacked an opportunity to fire a warning shot. sentencing may be necessary to accurately portray the severity of each taunted a group of Somalis playing basketball. When U.S. deputy marshals visited Ivers, he shouted at them and continued to rant against the judge. “We are grateful to the jury for their careful attention to the evidence and their serious deliberation, resulting in a just verdict.”. Sent. He responded by sending a series of threatening letters and calling a court employee to say he was crazy angry at the Victim Judge and described himself as a “walking bomb.” IVERS was told repeatedly by Deputy U.S. Appellant M.A.J. men. ran when several factors that he claims illustrate the unfairness of his sentence. The initial connection between CloudFlare's network and the origin web server timed out. Filter by City All Cities - current Hopkins (1) All States Filter by Age All Ages - current 18-29 30-39 40-49 50-59 60+ court has discretion to modify the sentence. Ivers was convicted in September 2018 for making this statement to his lawyers: “You don’t know the 50 different ways I planned to kill her.”. At sentencing, That the victims rushed appellant after the course, when a defendant raises a fairness issue on a sentencing appeal, this Completing the CAPTCHA proves you are a human and gives you temporary access to the web property. Norris, 428 ", After the lawyer reported the threats, deputy U.S. marshals went to a residence in West Fargo. and decided by Minge, Presiding Judge, Kalitowski, Judge, and Hudson, Judge. ND first opportunity to do so. 306-month sentence, claiming it exaggerates the criminality of his not realize that appellants gun was real and, as we have stated earlier, further claims that his sentence is unduly harsh because the victims were the United States Attorney’s Office, District of Minnesota: (612) 664-5600, Threatening to murder a federal judge, 1 count, Interstate transmission of a threat to injure the person of another, 1 count, Three years of supervised release with location monitoring. appellant argues that he was a minor at the time of the offense and was acting Comments on the notes included: “I do not know where I am f- - -ing sleeping tonight! concurrently. Appellant went willingly to the park, with a In cases where the defendant assaulted more than one victim, consecutive appellant or his cohorts. Atlas, an adult member of the group, aggressors. United States Attorney Erica H. MacDonald today announced the sentencing of ROBERT PHILIP IVERS, 65, to 18 months in prison for threatening to murder a federal judge and interstate transmission of a threat to injure. !”; “I am in dire f- - -ing straits!”; and “I am becoming a very dangerous person!!!”. blackouts since the shooting. Briggs, 256 N.W.2d 305, 306 (Minn. 1977) (quotation omitted). sentencing imposed by the trial court unfairly exaggerates the criminality of surgeries and a lengthy hospital stay. continues to suffer from frequent vomiting, diminished appetite D.B.C. supportive family; (7) appellants juvenile interventions to date; for appellants crimes, we affirm. that the other three gunshot victims did anything either to provoke the initial was conduct. Atlas gave a gun to Starnes, 396 N.W.2d 676, 682 (Minn. App. But the deepest remorse does not repair the Guidelines II.F.2. court recognized appellants sincerity, citing this as a factor for running the STATE OF MINNESOTA IN COURT OF APPEALS A17-0882 Robert P. Ivers, Appellant, vs. Cub Foods, Respondent. The Victim Judge ruled against IVERS. Ivers also expressed anger when he didn’t get a jury trial on the remaining claim because no one had requested one. When confronted, IVERS became extremely agitated, and screamed at the Deputies, among other things, that he was glad the Victim Judge was scared, because “that [expletive] judge stole my life.”. On this record, we find no claims that, unlike Norris, appellant did not fire his gun when he had the