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| United States v. Bah, No. 05-1836,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 3, 2006, Filed
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Overview: Appellant's sentence on a guilty plea conviction of violating 18 U.S.C.S. § 1001 was vacated and remanded for resentencing because neither of the cited cross-references could have been properly utilized to sentence him pursuant to U.S. Sentencing Guidelines Manual § 2L2.1 and sentencing him under that section was not harmless error.
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| United States v. Gamboa, No. 03-2196,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 3, 2006, Filed
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Overview: Where methamphetamine came into the searchers' plain view while they were searching for firearms and was itself contraband well within the scope of the warrant's terms, the incriminating nature of the methamphetamine required its seizure.
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| United States v. Tabor, No. 05-2169,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 3, 2006, Filed
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Overview: Defendant's conspiracy to distribute and possess with intent to distribute 50 grams or more of cocaine base was supported by sufficient evidence where the government's witnesses established that there was an agreement between defendant and another to distribute cocaine, that defendant knew of the agreement, and that he knowingly entered into it.
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| United States v. White, No. 04-2865,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 3, 2006, Filed
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Overview: A Booker error in sentencing defendant under mandatory guidelines was harmless because the district court imposed an identical alternate sentence and stated that it would have imposed the same sentence even if the guidelines were not mandatory, sentenced him near the top of the guidelines range, and paraphrased 18 U.S.C.S. § 3553(a) elements.
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| United States v. Wildwood, No. 05-3784,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 3, 2006, Filed
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Overview: District court did not violate due process in acting quickly to revoke defendant's supervised release and denying a continuance because a witness he sought to call would not have contradicted a probation officer's testimony that defendant was terminated from a sex offender program, a release condition, based on possession of a pornographic picture.
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