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| United States v. Jackson, No. 03-1638,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 3, 2006, Filed
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Overview: A judgment affirming a sentence was reinstated after Booker review because, based on his nine burglary convictions, defendant would have been subject to a sentence as a career offender regardless of the suspect firearm or obstruction of justice enhancements imposed by the district court and, thus, he failed to show plain error.
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| United States v. Larrabee, No. 05-1143,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 3, 2006, Filed
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Overview: Sentencing defendant to 363 months for second degree murder, an upward variance of 54 percent from the top of advisory U.S. Sentencing Guidelines range, was reasonable in view of the heinous nature of the crime, defendant's criminal history, and need to protect public; further, court properly considered and applied 18 U.S.C.S. § 3553(a) factors.
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| United States v. McMannus, No. 04-3560, No. 04-3561,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 3, 2006, Filed
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Overview: In light of 18 U.S.C.S. § 3553(a), the court did not believe that defendant's lack of criminal history or anything else in the record justified a variance of the magnitude at issue. The sentence selected by the district court, a 54 percent variance, was outside the range of reasonableness. Therefore, her sentence was vacated as unreasonable.
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| United States v. Nahia, No. 03-2300,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 3, 2006, Filed
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Overview: District court's expression of uncertainty that a 63 month sentence was appropriate established a reasonable probability that defendant, convicted of conspiracy to commit bank fraud and bank fraud, would have received a more favorable sentence under an advisory federal sentencing guidelines scheme. Fourth Olano factor was also satisfied.
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| Wilson v. Airtherm Prods., Inc., Nos. 04-3679/3880,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 3, 2006, Filed
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Overview: Former employees sued their former employer alleging failure to notify them of a plant closing as required by the Worker Adjustment and Retraining Notification Act, 29 U.S.C.S. § 2101 et seq., but the Act's sale-of-business exclusion, 29 U.S.C.S. § 2101(b)(1), protected the employer from liability under the circumstances.
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