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   Federal Courts - 8th Circuit Court of Appeals - February 5, 2007

  
United States v. Johnson, No. 05-3660, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 5, 2007, Filed
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Overview: District court erred in granting a judgment of acquittal under Fed. R. Crim. P. 29 and a conditional motion for a new trial under Fed. R. Crim. P. 33 after a jury convicted defendant of two firearms charges because the verdicts were not against the weight of the evidence and the evidence was sufficient to sustain both convictions.

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United States v. Kendall, No. 06-3044, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 5, 2007, Filed
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Overview: Sentence was affirmed because the sentencing court did not exceed the scope of a remand order because there was no limitation placed on its consideration of additional information to establish that defendant's DWI was a crime of violence which was needed to properly apply USSG § 4B1.1; also, nothing suggested that the sentence was unreasonable.

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United States v. McCoy, No. 06-1338, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 5, 2007, Submitted , February 5, 2007, Filed
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United States v. Ontiveros-Carreon, No. 05-4226, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 5, 2007, Submitted , February 5, 2007, Filed
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Overview: Defendant's 50-month prison sentence for illegally reentering the U.S. was reasonable under 18 U.S.C.S. § 3553(a)(1) based on his history of repeatedly reentering the U.S. illegally and the need to protect the public from future crimes in light of his prior violent felony conviction for aggravated indecent liberties with a minor.

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