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| Estate of Walters v. United States, No. 06-2705,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 29, 2007, Filed
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Overview: Claims against the Government under the FTCA for allegedly failing to maintain a road on an Indian Reservation were properly dismissed because 25 C.F.R. § 170.6 (2004) provided that maintenance of the roads was subject to the availability of funds, and the Government was immune, under the discretionary function exception in 28 U.S.C.S. § 2680.
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| Sloan v. Hartford Life & Accident Ins. Co., No. 06-2796,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 29, 2007, Filed
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Overview: Under applicable clear error standard, sufficient evidence supported findings that the injured party qualified for long-term disability benefits under an ERISA plan. The district court did not abuse its discretion by considering additional evidence where the SSA definition of disability was very similar to the definition of disability in the plan.
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| South Dakota v. United States DOI, No. 06-1150,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 29, 2007, Filed
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Overview: District court properly upheld a decision by the U.S. Department of the Interior to take land into trust for an American Indian tribe pursuant to § 5 of the Indian Reorganization Act, 25 U.S.C.S. § 465, because the authorizing report focused on the tribe's need for additional land and the economic benefit it would derive from the acquisition.
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| Swecker v. Johanns, No. 05-3721,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 29, 2007, Filed
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| United States v. Cunningham, No. 06-2885,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 29, 2007, Filed
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Overview: Prior conviction was properly included in calculating offense level and criminal history category because district court did not clearly err in finding that, within 10 years after sentence was imposed on the conviction, defendant engaged in conduct relevant to firearm possession under 18 U.S.C.S. § 922(g) by coercing his wife to purchase firearms.
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| United States v. Miller, No. 06-3286,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 29, 2007, Filed
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Overview: A plea agreement, which did not forbid the government from presenting additional evidence at sentencing, was not illusory because the government's promise not to seek any further charges against defendant arising from the underlying facts represented far more than a peppercorn of consideration to defendant.
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| United States v. Pool, No. 06-2098,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 29, 2007, Filed
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Overview: Sentence of probation for defendant's convictions on over 90 counts of aiding and abetting bribery and money laundering was vacated because it was unreasonable for the district court, pursuant to 18 U.S.C.S. § 3553, to impose probation when a sentence of 33 to 41 months' imprisonment was advised in the Guidelines.
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| United States v. Saenz, No. 06-2696,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 29, 2007, Filed
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Overview: District court's rejection of a defense claim that consent to a search of a truck was involuntary was affirmed because initial Terry stop of truck was proper and because totality of circumstances, which included that defendant was mature, did not appear to be intoxicated, and was of normal intelligence, supported finding that consent was voluntary.
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| United States v. Vandry, No. 06-1530,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 29, 2007, Filed
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