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| United States v. Burns, Nos. 04-2901/04-2933,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 16, 2006, Filed
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Overview: The district court did not abuse its discretion in rejecting the government's recommended 15 percent departure from a 360 month sentence for a defendant under USSG § 5K1.1 and departing 60 percent to 144 months because the defendant began his cooperation immediately and continued to cooperate through sentencing, including testifying against others.
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| United States v. Cabrera, No. 04-3928,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 16, 2006, Filed
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Overview: Even though the U.S. Sentencing Guidelines Manual was no longer mandatory, where defendant did not contest the prior convictions described in the presentence report, she admitted those convictions and was not eligible for "safety-valve" relief under 18 U.S.C.S. § 3553(f).
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| United States v. Carter, No. 05-1447,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 16, 2006, Filed
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Overview: Defendant's statutory mandatory minimum sentence for being a felon in possession of a firearm was properly based on his prior convictions, did not implicate Booker, and was not excessive or cruel and unusual.
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| United States v. Unverzagt, No. 05-2278,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 16, 2006, Filed
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Overview: Under a categorical approach, even if defendant's two prior convictions for burglary involved burglaries of commercial, not residential, buildings, the district court properly found that the prior convictions were for crimes of violence for purposes of 18 U.S.C.S. § 924(e)(2).
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| United States v. Zamarripa, No. 05-2251,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 16, 2006, Filed
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| Weaver v. Bowersox, Nos. 03-2880/2938,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 16, 2006, Filed
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Overview: A prosecutor's comments during the sentencing phase of a death penalty trial amounted to a violation of due process and the Eighth Amendment; therefore, habeas corpus relief was granted. The prosecutor commented that the jury was like a solider with a duty to kill, using a story from a movie as support of the claim.
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