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   Federal Courts - 8th Circuit Court of Appeals - January 8, 2007

  
Comcast, of Ill. X, LLC v. TKA Elecs., Inc., No. 05-3684, No. 05-3739, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 8, 2007, Filed
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Flores-Calderon v. Gonzales, No. 06-1739, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 8, 2007, Filed
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Overview: Substantial evidence supported denial of refugee status and asylum under 8 U.S.C.S. §§ 1158(b)(1)(A), 1101(a)(42)(A) because alien's testimony that his military ID possibly fell into terrorist hands did not show that carjacking and threats by unidentified assailants were acts of persecution by persons government was unwilling or unable to control.

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Lee v. Pine Bluff Sch. Dist., No. 05-2011, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 8, 2007, Filed
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Overview: Dismissal of a claim under 42 U.S.C.S. § 1983 by the mother of a deceased student, who died after attending an out-of-town band trip, against the band director was proper because the director had no constitutional duty of care with respect to students participating in voluntary school-related activities that were not required by state law.

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Rural Iowa Indep. Tel. Ass'n v. Iowa Utils. Bd., No. 05-3579, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 8, 2007, Filed
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Overview: Summary judgment was properly granted against association because Iowa Utilities Board was within its authority under Telecommunications Act in requiring rural carriers to negotiate reciprocal compensation with originating wireless carriers rather than requiring transiting carrier to pay access charges on intra-major trading area wireless calls.

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United States v. Hines, No. 06-1719, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 8, 2007, Filed
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Overview: Defendant was properly convicted of identity theft. The government satisfied the "knowingly" requirement of 18 U.S.C.S. § 1028A(a)(1) with defendant's admission that he gave the police a false name. His use of another's name and social security number to defraud the police satisfied the "means of identification" requirement.

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United States v. Jones, No. 06-1057, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 8, 2007, Filed
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United States v. McGee, No. 05-4170, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 8, 2007, Filed
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Overview: District court order imposing 262-month sentence on defendant who pleaded guilty to conspiracy to possess cocaine for distribution was upheld because district court relied on proper factors detailed in 18 U.S.C.S. § 3553(a) such as history and need to avoid sentence disparities and defendant failed to rebut resulting presumption of reasonableness.

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United States v. Moreno-Meraz, No. 06-1038, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 8, 2007, Filed
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United States v. Rastegar, Nos. 06-1634/2605, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 8, 2007, Filed
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Overview: Where a defendant obtained a second SSN by failing to disclose that he already had an SSN and continued to receive wages and reporting documents from his employers under the first SSN after he was assigned the second SSN, the evidence was sufficient for a reasonable trier of fact to have found him guilty of violating 42 U.S.C.S. § 408(a)(7)(A).

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United States v. Stovall, No. 05-2254, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 8, 2007, Filed
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