United States v. Michael Wells

• Court: Court of Appeals for the Eighth Circuit
• Decided: September 14, 2023
• Docket: 23-1039
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 23-1039 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Michael G. Wells

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Western District of Missouri - Kansas City ____________

Submitted: September 11, 2023 Filed:September 14, 2023 [Unpublished] ____________

Before BENTON, KELLY, and STRAS, Circuit Judges. ____________

PER CURIAM.

Michael Wells appeals after the district court1 denied his motions to modify a 2003 stipulation for judgment by consent and associated judgment, for

1 The Honorable Howard F. Sachs, United States District Judge for the Western District of Missouri. reconsideration, and for a hearing on reconsideration. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

Reviewing the parties’ arguments and the circumstances of this case, this court finds no basis to reverse the district court’s orders. The district court did not abuse its discretion in denying Wells’s motion to modify the judgment by consent. See City of Duluth v. Fond du Lac Band of Lake Superior Chippewa, 702 F.3d 1147, 1152, 1154 (8th Cir. 2013) (standard of review); Rufo v. Inmates of Suffolk Cnty. Jail, 502 U.S. 367, 383 (1992) (party seeking modification of consent decree bears burden of establishing significant change in circumstances warrants revision of decree). This court has also considered Wells’s challenges to the denial of his motions to reconsider and for a hearing, and finds no error. See Arnold v. Wood, 238 F.3d 992, 998 (8th Cir. 2001) (motion for relief from judgment or order is reviewed for abuse of discretion, and requires showing of exceptional circumstances warranting relief).

The judgment is affirmed. See 8th Cir. R. 47B. ______________________________

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