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| Haider v. Gonzales, Nos. 04-3583/06-1014,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 27, 2006, Filed
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Overview: Immigrant's motion to reopen removal proceedings was denied because an in absentia removal order was not erroneously entered where the immigrant failed to give notice of an address change; a notice to appear and a notice of hearing combined to give the notice required under 8 U.S.C.S. § 1229(a)(1).
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| Maresh v. Barnhart, No. 04-4142,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 27, 2006, Filed
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Overview: Denial of claimant's application for disability-insurance benefits and supplemental-security income was reversed and remanded with directions to award benefits because the administrative law judge erred in finding that his impairments did not meet Listing 12.05, 20 C.F.R. pt. 404, subpt. P, app. 1, § 12.05.
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| St. Paul Area Chamber of Commerce v. Gaertner, No. 05-1795,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 27, 2006, Filed
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Overview: Nonprofit corporations established that they had standing under U.S. Const. art. III, § 2, cl. 1 to challenge Minn. Stat. § 211B.01, subd. 3, and Minn. Stat. § 211B.15, subd. 1, 2 (2004) because they had a real threat of prosecution, and the chilling of their First Amendment rights relating to elections was a sufficient injury.
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| Stephens v. Jensen-Carter (In re Stephens), No. 05-1851,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 27, 2006, Filed
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Overview: Debtor's appeal from a district court's uncertified decision, which denied her motion to bring an interlocutory appeal after a bankruptcy court reopened her bankruptcy case, was dismissed for lack of jurisdiction under 28 U.S.C.S. § 158(d) because the bankruptcy court's order was not final when it did not address the merits of a trustee's claim.
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| United States v. Claiborne, No. 05-2198,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 27, 2006, Filed
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Overview: Defendant's 15-month sentence on his plea of guilty to two counts of possessing and distributing cocaine base in violation of 21 U.S.C.S. §§ 841(a)(1), 844(a) was remanded for resentencing because a sixty percent reduction from the U.S. Sentencing Guidelines range was an extraordinary variance that was not supported by extraordinary circumstances.
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| United States v. Czeck, No. 05-3307,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 27, 2006, Filed
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| United States v. Files, No. 05-2691,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 27, 2006, Filed
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| United States v. Gatewood, No. 05-1865,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 27, 2006, Filed
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Overview: Defendant's sentence was remanded as unreasonable because a substantial downward variance, which was 43 percent below the bottom of the guidelines range and had no supporting explanation of why the sentence was warranted by 18 U.S.C.S. § 3553(a) factors, resulted in punishment that did not reflect the seriousness of his violent armed robbery.
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| United States v. Onwubiko Obasi, No. 05-1125,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 27, 2006, Decided
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