Court of Appeals for the Eighth Circuit Court Cases

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  1. United States v. Louis F. Pirani (2005)

    In this case, we apply the Supreme Court's recent decision in United States v. Booker, 543 U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), to a sentencing error that defendant Louis F. Pirani failed to preserve in the district court. Having carefully considered the divergent analyses of our sister circuits, we follow decisions of the First, Fifth, and Eleventh circuits1 in holding that a remand for resentencing is not required unless the defendant meets his burden to demonstrate plain [...]

    Court: Court of Appeals for the Eighth Circuit Docket: 03-2871
  2. 6 soc. sec. rep. ser. 123 v. Margaret M. Heckler (1984)

    Donald A. Gonya, Randolph W. Gaines, Jason R. Baron, A. George Lowe, Gen. Counsel of Health and Human Services, Baltimore, Md., Edward Rafel, Paul W. Day and Howard S. Scher, U.S. Dept. of Justice, Appellate Staff, Civ. Div., Washington, D.C., for appellant.


    Court: Court of Appeals for the Eighth Circuit Docket: 84-5085
  3. United States v. Darrin Todd Haack (2005)

    Mr. Haack provided substantial assistance following his arrest on drug conspiracy and gun charges. Mr. Haack pled guilty, and the government moved for a downward departure under U.S.S.G. § 5K1.1 and 18 U.S.C. § 3553(e), recommending a ten percent departure on the conspiracy charge. The district court granted a much greater departure. The government appeals the sole issue of whether the district court abused its discretion by departing to an unreasonable extent. We reverse and [...]

    Court: Court of Appeals for the Eighth Circuit Docket: 04-1594
  4. United States v. Feemster (2009)

    Kendrix D. Feemster was convicted of two counts of knowingly and intentionally distributing crack cocaine, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(B)(iii). At sentencing, the district court[1] imposed the statutory mandatory minimum sentence of 120 months' imprisonment and eight years of supervised release—a downward variance from the Guidelines range of 360 months' to life. The government appealed the sentence, and we remanded for resentencing because the record did not permit us [...]

    Court: Court of Appeals for the Eighth Circuit Docket: 06-2059
  5. United States v. John Robert Andis (2003)

    Before HANSEN,1 Chief Judge, BRIGHT, McMILLIAN, BOWMAN, WOLLMAN, LOKEN, MORRIS SHEPPARD ARNOLD, MURPHY, BYE, RILEY, MELLOY, and SMITH, Circuit Judges, en banc.


    Court: Court of Appeals for the Eighth Circuit Docket: 01-1272
  6. Dataphase Systems, Inc. v. C L Systems, Inc. (1981)

    C L Systems, Inc. (CLSI) appeals from the district court's order of January 23, 1980, granting a preliminary injunction restraining CLSI from making "any false or misleading statement which disparages, directly or indirectly, plaintiff (Dataphase Systems, Inc.), its product, its financial condition or its ability to furnish goods and services." For reasons to be stated we vacate the preliminary injunction.


    Court: Court of Appeals for the Eighth Circuit Docket: 80-1111
  7. United States v. Shelly Mashek (2005)

    Shelly Mashek pled guilty to a one-count information charging her with knowingly making available her residence for the purpose of manufacturing methamphetamine in violation of 21 U.S.C. § 856. She appeals the decision of the district court denying her a two-level reduction based on U.S.S.G. § 2D1.1(b)(6). U.S. SENTENCING GUIDELINES MANUAL § 2D1.1(b)(6) (2003). The district court held that the two-level reduction is inapplicable to a sentence based on a conviction under 21 [...]

    Court: Court of Appeals for the Eighth Circuit Docket: 04-2560
  8. United States v. Richard Lincoln (2005)

    Richard Lincoln appeals his sentence on one count of conspiring to distribute five grams or more of cocaine base (crack cocaine), see 21 U.S.C. §§ 841(a)(1), (b)(1)(B), 846, and one count of distributing 2.75 grams of crack cocaine, see 21 U.S.C. § 841(a)(1), (b)(1)(C). We affirm.


    Court: Court of Appeals for the Eighth Circuit Docket: 04-2898
  9. United States v. Fabian Aguayo-Delgado (2000)

    From on or about November, 1997, and continuing to on or about April, 1998, the exact dates to the Grand Jury unknown, in the Southern District of Iowa and elsewhere, two or more persons, known and unknown to the Grand Jury, including but not limited to the defendant, FABIAN AGUAYO-DELGADO, a/k/a Hugo Ruiz, a/k/a Coco, did conspire to commit an offense against the United States, namely to knowingly and intentionally distribute methamphetamine, a Schedule II controlled substance, in [...]

    Court: Court of Appeals for the Eighth Circuit Docket: 99-4098
  10. United States v. Michael Bell (1978)

    Daniel Scott, Asst. U. S. Atty., Minneapolis, Minn., for appellee; Andrew W. Danielson, U. S. Atty. and Mel I. Dickstein, Asst. U. S. Atty., Minneapolis, Minn., on the brief.


    Court: Court of Appeals for the Eighth Circuit Docket: 77-1894
  11. 73 Fair empl. prac. cas. (Bna) 373 v. Kare 11 (1997)

    Before RICHARD S. ARNOLD, Chief Judge, LAY, McMILLIAN, FAGG, BOWMAN, WOLLMAN, MAGILL, BEAM, LOKEN, HANSEN, MORRIS SHEPPARD ARNOLD, and MURPHY, Circuit Judges, en banc.


    Court: Court of Appeals for the Eighth Circuit Docket: 94-3622
  12. United States v. Willie H. Dennis (1980)

    Willie H. Dennis appeals his conviction1 on twelve counts of an eighteen-count indictment charging seventeen violations of the Extortionate Credit Transactions Act (ECT), 18 U.S.C. §§ 892, 894 (1976) and one obstruction of justice under 18 U.S.C. § 1503. We affirm.


    Court: Court of Appeals for the Eighth Circuit Docket: 79-1278
  13. United States v. Gregory B. Bloomfield (1994)

    Before RICHARD S. ARNOLD, Chief Judge, BRIGHT, Senior Circuit Judge, McMILLIAN, FAGG, BOWMAN, WOLLMAN, MAGILL, BEAM, LOKEN, HANSEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges, En Banc.*


    Court: Court of Appeals for the Eighth Circuit Docket: 93-2970
  14. 68 Fair empl. prac. cas. (Bna) 1209 v. McDonnell Douglas Corporation (1995)

    In this appeal, James Hutson challenges the district court's1 decision granting summary judgment against him in his age-discrimination action against the McDonnell Douglas Corporation (McDonnell Douglas). We affirm.I


    Court: Court of Appeals for the Eighth Circuit Docket: 95-1236
  15. Joseph Ngure v. John D. Ashcroft (2004)

    Counsel who presented argument on behalf of the respondent was Jennifer Paisner, USDOJ, Office of Immigration Litigation, Washington, DC. Michael T. Dougherty of the Office of Immigration Litigation submitted respondent's brief.


    Court: Court of Appeals for the Eighth Circuit Docket: 02-3879
  16. Loyce McCoy v. Richard S. Schweiker v. Richard S. Schweiker v. Richard S. Schweiker (1982)

    J. Paul McGrath, Asst. Atty. Gen., Stuart E. Schiffer, Acting Asst. Atty. Gen., Robert S. Greenspan, Frederick Geilfuss, Attys., Civ. Div., Dept. of Justice, Washington, D. C., for appellant; Randolph W. Gaines, Chief of Litigation, Andrew E. Wakshul, Atty., Dept. of Health and Human Services, Baltimore, Md., of counsel.


    Court: Court of Appeals for the Eighth Circuit Docket: 81-1629
  17. United States v. Carlton Darden v. Carla Simone Seals v. Michael Williams (1995)

    Michael K. Fagan, Assistant U.S. Attorney, St. Louis, Missouri, argued (Mary Jane Lyle, Dean R. Hoag, Daniel E. Meuleman, and Sam C. Bertolet, on the brief), for appellee.


    Court: Court of Appeals for the Eighth Circuit Docket: 93-3448
  18. United States v. Wayne A. Matra (1988)

    Appellant Wayne A. Matra was convicted in the District Court1 of possession of cocaine with intent to distribute, a violation of 21 U.S.C. Sec. 841(a)(1); use of a machine gun during and in relation to a drug trafficking offense, a violation of 18 U.S.C. Sec. 924(c);2 and possession of an unregistered machine gun, a violation of 26 U.S.C. Sec. 5861(d). We affirm his convictions.

    Court: Court of Appeals for the Eighth Circuit Docket: 87-1489
  19. Greg Myers, Etc. v. R. Kathleen Morris (1987)

    Before us are the consolidated appeals in eight civil rights lawsuits which grew out of a child sexual abuse investigation in Jordan, Minnesota, during 1983-84. Thirteen of the fifteen plaintiffs in these cases were charged by Scott County Attorney, R. Kathleen Morris, with criminal sexual activity involving one or more minor children.


    Court: Court of Appeals for the Eighth Circuit Docket: 85-5243
  20. United States v. Carl Angelo Deluna v. Carl James Civella v. Charles David Moretina (1985)

    Carl Wesley Thomas, Carl Angelo DeLuna, Carl James Civella, Charles David Moretina, and Anthony Chiavola, Sr., appeal from a final judgment entered in the District Court1 for the Western District of Missouri upon a jury verdict finding them guilty of knowingly transporting stolen money in interstate commerce, travelling in and utilizing the facilities of interstate commerce with the intention of establishing and managing an unlawful interest in a Nevada gaming establishment, and [...]

    Court: Court of Appeals for the Eighth Circuit Docket: 84-1047

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