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| Shuaibu v. Ashcroft, No. 04-3309,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 12, 2006, Decided
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| United States v. Hull, No. 04-1607,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 12, 2006, Decided
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| United States v. Munoz Lopez, No. 04-1382,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 12, 2006, Decided
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| United States v. Rios-Muro, No. 04-3542,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 12, 2006, Submitted , January 12, 2006, Filed
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Overview: Defendant's sentence was affirmed where the district court's decision not to grant a downward departure based on overstated criminal history was unreviewable, and the district court did not err in considering defendant's burglary conviction in computing both his offense level and his criminal history, under USSG § 2L1.2, cmt., application n. 6.
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| United States v. Artis, No. 05-2362,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 13, 2006, Filed
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Overview: Sentence was affirmed where district court (1) took into account factors in 18 U.S.C.S. § 3553(a) and (2) did not abuse its discretion in sentencing defendant at bottom of his USSG range because he was a leader or organizer of extensive fraud ring and committed his offense shortly after release from prison while he remained on supervised release.
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| United States v. Kraft, No. 05-2581,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 13, 2006, Filed
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Overview: Defendant's conviction for submitting false records for wildlife transported in interstate commerce was affirmed where the conviction did not violate due process because 16 U.S.C.S. § 3372(d)(2) afforded fair warning of the proscribed conduct, and a reasonable jury could have found beyond a reasonable doubt that defendant submitted false records.
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| United States v. Queen, No. 05-1177,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 13, 2006, Filed
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Overview: A notice of appeal only divested a lower court of jurisdiction over aspects of a case that were the subject of the appeal. There was no appellate action pending on defendant's 28 U.S.C.S. § 2255 motion at the time of the revocation and sentencing. District court was not divested of jurisdiction with respect to her probation violations.
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| United States v. Still, No. 04-3974,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 13, 2006, Filed
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| United States v. Wade, No. 05-2181,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 13, 2006, Filed
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Overview: Having properly treated the sentencing guidelines range as advisory, the district court was free to consider any sentencing facts supported in the record by a preponderance of the evidence in setting defendant's sentence, subject only to the statutory maximum and the guiding factors in 18 U.S.C.S. § 3553(a). Defendant's sentence was reasonable.
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