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   Federal Courts - 8th Circuit Court of Appeals - February 8, 2006

  
Acton v. City of Columbia, No. 04-3985, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 8, 2006, Filed
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Overview: Lump sum payments made under a city's sick leave buy-back program should have been included in the regular rate of pay of firefighters under 29 U.S.C.S. § 207(e) because it was remuneration for employment; the policy was used to encourage regular attendance, which was a general duty of employment.

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Frango v. Gonzales, No. 04-2663, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 8, 2006, Filed
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Overview: Where alien failed to present to BIA alien's arguments that the law of the case precluded an IJ from finding, on remand, that his asylum application was frivolous and that the IJ's bias against the alien denied him due process, under court-imposed exhaustion doctrine, court declined to consider alien's arguments.

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Lopez v. James Constr. Group, No. 04-3926, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 8, 2006, Decided
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Mamana v. Gonzales, No. 04-2403, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 8, 2006, Filed
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Overview: IJ's adverse credibility determination was supported by substantial evidence; the alien's claim that a high-ranking government official sought out the alien to give a speech on behalf of the government's party was not credible given the alien's lack of a public reputation or prominent position in the opposition party.

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Rousan v. Roper, No. 04-3827, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 8, 2006, Filed
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Overview: Inmate was properly denied 28 U.S.C.S. § 2254 relief on his claim that the trial court erred by admitting photographs of the vicims' bodies taken after they were recovered because they corroborated a co-defendant's testimony, assisted the jury in understanding the pathologist's testimony, and provided proof of deliberation.

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Smrz v. Harper, No. 04-3953, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 8, 2006, Filed
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United States v. Barfield, No. 02-3484, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 8, 2006, Filed
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Overview: Sufficient evidence supported conviction of conspiracy to murder federal witness under 18 U.S.C.S. §§ 1111 and 371 where one witness testified that defendant was to provide person hired to kill victim-witness with information as to her location and a second witness's testimony supported a finding that defendant did in fact provide that information.

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United States v. Brown, No. 05-1890, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 8, 2006, Filed
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United States v. Cervantes, No. 05-1994, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 8, 2006, Filed
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United States v. Givens, No. 05-1478, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 8, 2006, Filed
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