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| Nunley v. DOJ, No. 04-1922,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 2, 2006, Decided
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| Qwest Corp. v. Koppendrayer, No. 04-3677,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 2, 2006, Filed
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Overview: Under 47 U.S.C.S. § 252(b), commission's order deeming plaintiff's unbundled network element rates interim and subject to true-up payments after commission set permanent rates did not violate rule against retroactive ratemaking, as it had placed relevant audience on notice that rates being promulgated were provisional and subject to later revision.
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| Richmond v. Higgins, No. 05-1206,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 2, 2006, Filed
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Overview: Debt collection agency was entitled to summary judgment on plaintiff's Fair Debt Collection Practices Act (FDCPA) claim because the conduct that the debtor alleged, the agency's attempt to collect a previously undisputed debt amount, did not violate the FDCPA.
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| United States v. Alvaro-Reyes, No. 05-1032,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 2, 2006, Filed
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Overview: Defendant's 87-month sentence imposed after he pleaded guilty to a drug conspiracy, in violation of 21 U.S.C.S. § 846, was affirmed. To the extent counsel was raising an Eighth Amendment challenge to defendant's sentence, the argument failed, as the Eighth Amendment forbad only extreme sentences that were grossly disproportionate to the crime.
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| United States v. Hernandez, No. 04-4051,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 2, 2006, Filed
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Overview: Dismissal of defendant's motion for postconviction relief pursuant to 28 U.S.C.S. § 2255 was affirmed because the district court did not err by (1) sentencing defendant upon judge found facts, (2) applying Fed. R. Civ. P. 15(c)(2) to deny defendant's motion to amend, and (3) not granting equitable tolling.
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| United States v. Schulte, No. 05-2090,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 2, 2006, Filed
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Overview: Defendant's appeal of his order to pay restitution was dismissed because defendant knowingly and voluntarily waived his right to appeal the restitution order by the terms of the plea agreement that he signed, and enforcement of the waiver did not result in a miscarriage of justice that would have made the agreement of the parties unenforceable.
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