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| United States v. Searby, No. 05-2114,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 13, 2006, Filed
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Overview: A district court did not clearly err in applying the cross-reference for criminal sexual abuse under U.S. Sentencing Guidelines Manual § 2A3.2(c) because the minor victim testified that defendant restrained her, the victim repeatedly insisted that intercourse was forced and not consensual, and her cousin confirmed her protests.
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| Wilkinson v. United States, No. 04-2185,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 13, 2006, Filed
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Overview: All elements necessary to establish standing under U.S. Const. art. III existed, and as a matter of standing, prudential standing, or real party in interest, plaintiffs, individuals who alleged they held current or prospective possessory interests in allotted Indian Trust Land, were entitled to pursue their FTCA and Bivens claims.
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