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   Federal Courts - 8th Circuit Court of Appeals - April 11 - April 12, 2007

  
Conville v. Emerson Elec., No. 06-2135, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 11, 2007, Filed
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Overview: The dismissal of an employee's Title VII and ADA complaint was affirmed because the employee was aware of the relevant facts at the time of his termination, yet waited twelve years to bring a formal charge of discrimination.

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United States v. Moody, No. 06-1392, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 11, 2007, Filed
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Overview: Defendant's appeal from his 18 U.S.C.S. §§ 922(g)(1), 924(e)(1), felon in possession of firearm conviction was frivolous. Armed Career Criminal Act did not violate Double Jeopardy Clause. Any error in calculating defendant's criminal history points was harmless because he received statutorily-mandated minimum sentence under 18 U.S.C.S. § 924(e)(1).

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United States v. Simms, No. 05-1569, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 11, 2007, Filed
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Dozier v. Mosby, No. 06-1704, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 12, 2007, Filed
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Miles v. Bellfontaine Habilitation Ctr., No. 06-2318, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 12, 2007, Filed
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Tipler v. Douglas County, No. 06-2553, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 12, 2007, Filed
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Overview: Summary judgment was properly entered against a female corrections officer in her § 1983 and Title VII suit. Nebraska county's gender-based prison job assignment policy was reasonable, it was consistent with state-imposed jail standards requiring female inmates to be supervised by female employees, and it had minimum impact on officer's employment.

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United States v. McAtee, No. 06-1698, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 12, 2007, Filed
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Overview: In convictions of drug manufacture and possession offenses, defendant's statements after his arrest regarding his drug use and photographs of him with drug manufacture supplies in the background were not unduly prejudicial under Fed. R. Evid. 403 but rather this evidence was probative of whether defendant manufactured methamphetamine, as charged.

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United States v. Thompson, No. 05-3942, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 12, 2007, Filed
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Vong Xiong v. Gonzales, No. 06-2007, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 12, 2007, Filed
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Overview: U.S. Court of Appeals for the Eighth Circuit agreed with holdings of BIA and U.S. Courts of Appeal for Third and Ninth Circuits that alien who entered U.S. as refugee, adjusted his status to permanent legal alien, and was later convicted of aggravated felony could be placed in removal proceedings even though refugee status was never terminated.

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