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| Ramirez-Peyro v. Gonzales, No. 06-1569,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 23, 2007, Filed
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Overview: A remand to the BIA was required because it was not clear if the BIA applied the correct standard of review and it appeared that it engaged in its own factfinding when it reversed an IJ's conclusion that it was likely that an informant would be killed by members of a drug cartel and/or government officials if he were returned to Mexico.
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| United States v. Brede, No. 05-4129,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 23, 2007, Filed
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Overview: Denial of instruction defining indictment, information, and complaint, which were functionally equivalent, was not abuse of discretion because, under Minn. R. Crim. P. 2.01, a complaint was a written signed statement of essential facts constituting offense and defendant became subject to 18 U.S.C.S. § 922(n) when Minnesota filed felony complaints.
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| United States v. Garnica, No. 05-4097,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 23, 2007, Filed
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Overview: Conviction for conspiracy to distribute and possess with intent to distribute methamphetamine under 21 U.S.C.S. §§ 846, 841(a)(1) and (b)(1)(A) was supported by sufficient evidence, including the testimony of cooperating witnesses, who were subject to cross-examination about their drug use, that they purchased methamphetamine from defendant.
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| United States v. Landis, No. 05-4224,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 23, 2007, Filed
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Overview: District court properly denied defendant's request for an evidentiary hearing on his motion to compel the government to move, pursuant to Fed. R. Crim. P. 35(b), for an additional sentence reduction based on defendant's substantial assistance because defendant acknowledged in plea agreement that government made no promise regarding his sentence.
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| United States v. Larue, No. 06-4118,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 23, 2007, Filed
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Overview: Defendant convicted of sexual exploitation of children offense was improperly allowed to remain free on bond pending sentencing because his compliance with pretrial release, lack of criminal record, and payment of child support, did not constitute exceptional reasons under 18 U.S.C.S. § 3145(c) as they were not out of ordinary, uncommon, or rare.
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| United States v. Miller, No. 06-1699,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 23, 2007, Filed
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Overview: Defendant's appeal of 18 U.S.C.S. § 242 convictions was denied. Evidence sufficiently showed that defendant's conduct in assaulting two prisoners was both malicious and sadistic and violated their U.S. Const. amend. VIII rights. District court properly admitted evidence, including one prisoner's medical reports and testimony concerning eyewitness.
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| United States v. Trotter, No. 05-4202,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 23, 2007, Filed
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Overview: Defendant's appeal, which challenged constitutionally of applying 18 U.S.C.S. § 1030 to his case, was denied. Defendant's admissions established that computer network that he intentionally intruded upon met definition of "protected computer" under § 1030(e)(2)(B). Congress had power under U.S. Const. art. 1, § 8, cl. 3, to enact 18 U.S.C.S. § 1030.
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| United States v. Williams, No. 05-3875,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 23, 2007, Filed
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Overview: District court's determination that a 24-month sentence of incarceration upon the revocation of supervised release was necessary to allow defendant to participate in a 500-hour drug program, which was requested by his counsel, constituted an adequate consideration of the 18 U.S.C.S. § 3553 factors and resulted in sentence that was not unreasonable.
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| Yakovenko v. Gonzales, No. 05-4123,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 23, 2007, Filed
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Overview: An IJ's reasons for disbelieving an alien's allegations of rape and assault were sufficiently specific and cogent to preclude reversal, and the BIA correctly determined that petitioner's allegations of abuse by a classmate and his accomplices failed to show it would be unsafe or unreasonable to relocate within the Ukraine.
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