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| Botten v. Shorma, No. 05-1530,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 14, 2006, Filed
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Overview: President's breach of contract claims were time-barred under two-year statute of limitations set forth in Minn. Stat. § 541.07(5) (2005) where assignment agreement incorporated employment agreement, which provided schedule for bonus payments and deferred compensation, and most recent breach occurred more than four years before president filed suit.
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| Gachanja v. Gonzales, No. 04-2216,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 14, 2006, Filed
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Overview: BIA's opinion affirming the IJ's denial of asylum was remanded for clarification of its review of the IJ's credibility findings because the appellate court was unable to discern whether the BIA agreed with or rejected the adverse credibility finding, an issue that materially affected review of the decision to deny the alien asylum.
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| Samuels v. Am. Family Ins. Co., No. 05-2530,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 14, 2006, Filed
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Overview: District court properly excluded pleadings from insureds' previous case against an insurer in their case seeking uninsured motorist coverage where the previous case was not pertinent to the pending case and would have required a lengthy explanation about the nature of the previous lawsuit and the obligations of retained counsel.
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| Sandhills Cattle Feeding, Inc. v. Younkin, No. 04-3670,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 15, 2006, Filed
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| United States v. Burgos-Martinez, No. 05-2230,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 15, 2006, Filed
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| United States v. Larrabee, No. 05-1143,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 15, 2006, Decided
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| United States v. McCall, No. 04-1143,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 15, 2006, Filed
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Overview: Felony DWI was a violent felony under the "otherwise involves" provision in 18 U.S.C.S. § 924(e)(2)(B)(ii). However, since the Missouri felony DWI offense included non-driving conduct as well, the case was remanded for more sentencing proceedings at which the government could seek to prove that defendant's prior convictions were driving offenses.
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| United States v. Sherman, No. 05-1058, No. 05-1072,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 15, 2006, Filed
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Overview: A purchaser's drug conspiracy conviction under 21 U.S.C.S. §§ 841 and 846 was upheld because, inter alia, the submission of sentencing issues to the jury did not violate his Sixth Amendment rights and a mistrial was not warranted based on improper witness comments or trial publicity; however, resentencing was necessary under Booker.
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