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| Henderson v. Munn, No. 05-1403,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 28, 2006, Filed
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Overview: Court did not have jurisdiction to address an interlocutory appeal concerning whether the district court should have granted summary judgment on collateral estoppel grounds. Denial of summary judgment for qualified immunity in the § 1983 claim was affirmed because there was evidence that the officer used force that was not objectively reasonable.
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| Thorstenson v. Norton, No. 04-4029,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 28, 2006, Filed
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Overview: Under 25 U.S.C.S. § 348, any conveyance of Indian trust land, or any contract made touching the same, was void. The contracts were not void under § 348 because they clearly stated that they were only effective to convey trust land in the event the parties obtained Bureau of Indian Affairs approval. However, the claimant had no redress in the court.
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| United States v. Berni, No. 05-1678,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 28, 2006, Filed
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Overview: 96-months for conspiring to distribute in excess of 100 kilograms of marijuana was affirmed. Defendant's prior convictions required application of the career offender U.S. Sentencing Guidelines provisions to calculate the advisory range. Under the facts, applicable Guidelines range, and other 18 U.S.C.S. § 3553(a) factors, sentence was reasonable.
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| United States v. Cortez-Palomino, No. 05-3327,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 28, 2006, Filed
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Overview: Denial of defendant's motion to suppress was affirmed because defendant's Fourth Amendment rights were not violated by the warrantless search conducted of the contents of defendant's truck bed. The officers had probable cause to believe there was contraband in the back of the truck bed based upon their observations made during a traffic stop.
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| United States v. Gonzalez, No. 05-1747,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 28, 2006, Filed
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Overview: Argument that court erred in imposing enhancement as it considered challenged information in presentence report (PSR) failed. Defendant made blanket objections to PSR paragraphs detailing drug-trafficking convictions but never contended convictions did not exist; he stipulated that probation officer testimony would support PSR's factual assertions.
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| United States v. Sanchez, No. 05-2492,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 28, 2006, Filed
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