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   Federal Courts - 8th Circuit Court of Appeals - February 6, 2007

  
Skillicorn v. Luebbers, No. 05-3729, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 6, 2007, Filed
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Overview: Prisoner's 28 U.S.C.S. § 2254 habeas petition was properly denied because state court did not violate due process in excluding psychiatrist's testimony after defense refused to permit discovery of his unprivileged file and did not unreasonably apply Strickland in finding that counsel was not ineffective in failing to develop mitigating evidence.

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United States v. Kiser, No. 06-2780, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 6, 2007, Filed
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Overview: A district court properly increased defendant's base offense level for distributing drugs near a school zone in addition to imposing an enhancement for possession of a firearm during relevant conduct, pursuant to U.S. Sentencing Guidelines Manual § 2D1.1(b)(1).

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United States v. Mitchell, Nos. 06-2844/2419, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 6, 2007, Filed
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Overview: Defendant's 18 U.S.C.S. § 152(1) conviction was reversed because he could not be convicted of failing to disclose prepetition income and the denial of his motion to dismiss the § 152(3) charge was affirmed because defendant did not establish that jeopardy had attached based on a jury's failure to find that his statements were material.

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