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| Cagle v. Norris, No. 06-1786,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 24, 2007, Filed
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Overview: Denial of the inmate's habeas corpus claim under 28 U.S.C.S. § 2254 was affirmed because the jury instruction given by the trial court was more lenient than the one proposed by the inmate, the inmate had not established that he received ineffective assistance, and the issue concerning a barred defense was procedurally barred.
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| United States v. Gettel, No. 06-2045,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 24, 2007, Filed
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Overview: The prosecution was allowed to present evidence of a similar other crime to show a common plan under Fed. R. Evid. 404(b), and hearsay statements of a felon-witness to rehabilitate his credibility under Fed. R. Evid. 801(d)(1)(B); although admission of the hearsay statements was error, it was harmless under the circumstances.
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| United States v. Gnavi, No. 06-1659,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 24, 2007, Filed
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Overview: Defendant's upward departure sentence to 120 months in prison on child pornography charges was affirmed, where, given defendant's past stalking behavior toward minor females, he represented a substantial risk to the public, and departure was thus warranted under 18 U.S.C.S. § 3553(a)(2)(C).
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| United States v. Kies, No. 06-3164,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 24, 2007, Filed
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| United States v. Robertson, No. 06-2158,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 24, 2007, Filed
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Overview: Enhancement of defendant's sentence for career offender status under U.S. Sentencing Guidelines Manual § 4B1.1 was affirmed because defendant's prior sentence under 720 Ill. Comp. Stat. 570/404(b) for manufacture and distribution of a "look-alike" substance qualified as a controlled substance offense under the Guidelines.
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