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   Federal Courts - 8th Circuit Court of Appeals - January 10, 2006

  
Bailey v. Barnhart, No. 04-3347, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 10, 2006, Filed
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Gibson v. Weber, No. 05-1888, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 10, 2006, Filed
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Overview: To avoid summary judgment, an inmate alleging that a delay in treatment constituted a constitutional deprivation was required to produce medical evidence to establish that the delay had a detrimental effect. The diabetic inmate, who brought an Eighth Amendment claim, provided no expert testimony. Summary judgment was properly granted to defendants.

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Haregwoin Abrha v. Gonzales, No. 04-2041, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 10, 2006, Filed
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Overview: Asylum denial was upheld. Substantial evidence supported the finding that petitioner did not have a reasonable fear of future persecution, 8 U.S.C.S. § 1101(a)(42)(A). Her fears were based on speculation which did not counter the State Department view that those returning to Ethiopia were not likely to suffer persecution under the new government.

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Reliance Ins. Co. v. Chitwood, No. 05-1446, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 10, 2006, Filed
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Overview: A district court erred in denying an insurer prejudgment interest on the amount it advanced for the defense of its insured, pursuant to Mo. Rev. Stat. § 408.020, but judgment denying subrogation against its insured under Missouri's anti-subrogation rule was affirmed.

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Seitz v. Metro. Life Ins. Co., No. 05-2200, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 10, 2006, Filed
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Overview: A claimant sued for recovery of disability benefits from an ERISA-governed employee benefit plan pursuant to 29 U.S.C.S. § 1132(a)(1)(B). Summary judgment in favor of the Plan was reversed under de novo review of the district court's application of the abuse of discretion standard, because its interpretations were not consistent with Plan goals.

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Thorn v. Tyson Foods, Inc., No. 04-3495, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 10, 2006, Filed
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United States v. Condon, No. 05-2222, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 10, 2006, Filed
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Overview: Because a reasonable jury could have believed the minor victim's testimony about what happened in the trailer, defendant's sufficiency-of-the-evidence claim regarding his convictions for aggravated sexual abuse, 18 U.S.C.S. §§ 2241(a), 1153, failed. The district court's refusal to grant a traditional downward departure was unreviewable.

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United States v. Jourdain, No. 05-1785, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 10, 2006, Filed
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Overview: Defendant's conviction was affirmed; evidence was sufficient that he actively aided the shooting of the victim, and was more than a mere bystander; sentencing enhancements for causing permanent and life-threatening injury and discharge of a firearm under 18 U.S.C.S. § 1365 and U.S. Sentencing Guidelines Manual §§ 1B1.3, 2A2.2 were also warranted.

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United States v. Lara-Valenzuela, No. 05-1480, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 10, 2006, Filed
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United States v. Rivera-Moreno, No. 05-1236, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 10, 2006, Filed
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Overview: 292-month prison term for the drug conspiracy does not involve a Sixth Amendment violation under Booker because the district court considered only the drug quantities and role adjustment found by the jury. The consecutive 60-month prison term for the firearm offense was the minimum mandated by 18 U.S.C.S. § 924(c)(1)(A)(i). Sentence was reasonable.

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