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   Federal Courts - 8th Circuit Court of Appeals - February 12 - February 13, 2007

  
Bykov v. Radisson Hotels Int'l, Inc., No. 06-2102, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 12, 2007, Filed
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Overview: Operators of a hotel chain's website were properly granted summary judgment on claims under the Minnesota Deceptive Trade Practices and Prevention of Consumer Fraud Acts because a guest, who had never examined the website or hotel's pricing practice, did not show a causal connection between his injury and any website misrepresentations.

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Clemmons v. Armontrout, Nos. 05-4140/06-1099, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 12, 2007, Filed
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Overview: Inmate did not have a cognizable § 1983 claim against the investigator and the investigator was entitled to qualified immunity when there was no showing that the investigator acted recklessly or intentionally when he failed to follow up on an alternative theory to the murder or provide the inmate with exculpatory evidence.

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Ivanov v. Gonzales, No. 06-1178, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 12, 2007, Filed
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Overview: Immigration judge abused discretion when he granted the motion of DHS to reopen the aliens' asylum proceedings. Pursuant to 8 C.F.R. § 1003.23(b)(3) the alien should not have reopened the proceedings when DHS could not show that the new documents submitted were not available at the time of the original hearing.

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Kahle v. Leonard, No. 06-2485, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 12, 2007, Filed
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Overview: The denial of a deputy's motion for summary judgment in a pretrial detainee's 42 U.S.C.S. § 1983 action was affirmed because if the jury accepted the detainee's version of the facts, the jury could find that the deputy was aware of a substantial risk of serious harm to the detainee and exhibited deliberate indifference to that risk.

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United States v. Loefer, No. 05-3351, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 12, 2007, Filed
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Overview: The factual findings regarding defendant's leadership role in a drug conspiracy were not clearly erroneous because she did not object to the PSR's application of the role enhancement or its factual statements that the drugs were primarily sold out of her house and that she had "some control" over conspiracy members by directing the drug sales.

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EEOC v. Wal-Mart Stores, Inc., No. 06-1583, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 13, 2007, Filed
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Overview: Grant of summary judgment to the employer on the EEOC's ADA claim was reversed because the applicant met the skill, education, and experience requirements for the positions and the EEOC made a "facial showing" that a reasonable accommodation would enable the applicant to perform the essential functions of both the greeter and cashier positions.

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United States v. Crandon, No. 05-4236, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 13, 2007, Filed
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Overview: Statutory maximum prison sentence imposed upon the revocation of supervised release was not unreasonable but was within the authorized limits and based upon the consideration of appropriate factors under 18 U.S.C.S. §§ 3583(e) and 3553(a), including defendant's compulsive and destructive behavior and the need to protect children.

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United States v. May, No. 06-2214, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 13, 2007, Filed
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Overview: Sufficient evidence supported defendant's conviction for conspiracy to distribute 50 grams or more of cocaine base in violation of 21 U.S.C.S. §§ 841(a)(1), (b)(1)(A) and 846. A witness testified that defendant bought and resold crack cocaine and an informant recorded a sale and stated that she had purchased small quantities of drug form defendant.

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United States v. McDonnell, No. 06-1458, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 13, 2007, Filed
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Overview: Defendant failed to rebut the presumption that his prison sentence for drug crimes, which was within the advisory guidelines range, was reasonable because the district court considered the 18 U.S.C.S. § 3553(a) factors and took into account all of his personal circumstances in arriving at the sentence imposed.

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United States v. Williams, No. 06-2320, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 13, 2007, Filed
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Overview: Defendant failed to make a substantial preliminary showing sufficient to justify a Franks hearing because every fact allegedly omitted in the search warrant affidavit was either not misleading because it could have been assumed by the warrant-issuing judicial officer or otherwise would not have altered the probable cause determination.

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