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| United States v. Dodd, No. 06-2397,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 12, 2007, Filed
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Overview: District court did not abuse its discretion in refusing to instruct on lesser included offense of conspiracy to possess because defendant's participation in a conspiracy to distribute was established by testimony of an officer that defendant sold him cocaine in a purity consistent with redistribution and of 9 witnesses that he distributed cocaine.
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| United States v. Maxwell, No. 06-1631,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 12, 2007, Filed
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Overview: District court did not clearly err in rejecting defendant's Batson challenge because government articulated race neutral reasons for striking three of five African-American veniremembers who lacked strong community ties and favored legalization of drugs in a possession trial and whose body language showed doubts about police officers' credibility.
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| United States v. Stockwell, No. 05-3737,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 12, 2007, Filed
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Overview: District court did not clearly err in applying a four-level leader/organizer enhancement under U.S. Sentencing Guidelines Manual § 3B1.1(a) because co-conspirators testified that at least five people were involved in a conspiracy and defendant made the rules and plans as to when and where the manufacturing of methamphetamine was to occur.
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| United States v. Valadez, No. 05-3767,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 12, 2007, Filed
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| United States v. Castro-Higuero, No. 06-1618,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 16, 2007, Filed
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Overview: Defendant's conviction of conspiracy to distribute and possession with intent to distribute in excess of 100 kilograms of marijuana, and aiding and abetting possession with intent to distribute approximately 250 kilograms of marijuana, and his sentence was affirmed because, inter alia, he validly waived his Fifth Amendment right to remain silent.
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| United States v. Tjaden, No. 06-1333,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 16, 2007, Filed
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Overview: Denial of a reduction for acceptance of responsibility under U.S. Sentencing Guidelines Manual § 3E1.1 was not clearly erroneous because financial records and the testimony from federal agents about defendant's fraud and from individuals to whom he made false statements showed that he had not ceased wrongdoing as required by his plea agreement.
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| United States v. Gentile, No. 06-1893, No. 06-2269,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 17, 2007, Filed
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Overview: A district court abused its discretion in imposing, under 18 U.S.C. § 3553, a sentence of 48 months for conspiracy to possess pseudoephedrine despite a guideline range of 100 to 125 months, and a sentence of one day plus probation despite an advisory guideline range of 37 to 46 months; no factor present justified departures of that significance.
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| United States v. Jenners, No. 06-1913,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 17, 2007, Filed
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Overview: Matter was remanded to the trial court for a second resentencing because it was error for the trial court, in the initial resentencing, to rely upon disputed facts presented in the presentence report without resolution of the factual disputes. Upon remand, defendant could present evidence in mitigation.
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| United States v. Sandoval-Cerrantes, No. 06-1430,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 17, 2007, Filed
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Overview: Defendant's sentence at the top of the advisory guidelines range for being an illegal alien found in the U.S. was not unreasonable because he did not rebut the presumption of reasonableness and the district court specifically declined to impose a more lenient sentence, pursuant to 18 U.S.C.S. § 3553(a)(1), based on his troubling criminal history.
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