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| Alvarado v. Gonzales, No. 06-1034,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 17, 2007, Filed
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Overview: The BIA properly affirmed an IJ's finding that an alien was removable and ineligible for cancellation of removal under 8 U.S.C.S. § 1229b(a)(3) because he was convicted of possession of firearms in violation of 18 U.S.C.S. § 922(g)(3) and, thus, was an aggravated felon under INA § 101(a)(43)(E)(ii), 8 U.S.C.S. § 1101(a)(43)(E)(ii).
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| Libel v. Adventure Lands of Am., Inc., No. 06-1711,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 17, 2007, Filed
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Overview: Summary judgment was properly entered against fired employee as to her ADA and Iowa Civil Rights Act disability discrimination claims and her 29 U.S.C.S. § 1140 interference claim. She did not show she was disabled, there was no evidence linking firing with employer's insurance premium increase, and legitimate reasons were proffered for her firing.
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| United States v. Jetter, No. 06-2118,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 17, 2007, Filed
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Overview: Imposition of 54-month sentence under 18 U.S.C.S. § 3583(e)(3) upon revocation of supervised release was not unreasonable because it was within statutory limits and was based upon district court's consideration of defendant's history on supervised release, which included prior revocation, and other appropriate factors under 18 U.S.C.S. § 3553(a).
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| United States v. McCoy, No. 06-2134,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 17, 2007, Filed
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Overview: Although defendant's tampering convictions involved the same victim, the underlying activity--cutting a hole in a fence, stealing a car, then returning the next day through the same hole in the fence and stealing a truck--amounted to two discrete criminal episodes, thereby qualifying as two predicate offenses under 18 U.S.C.S. § 924(e)(1).
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| Enderlin v. XM Satellite Radio Holdings, Inc., No. 06-3420,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 18, 2007, Filed
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Overview: A district court properly ruled that it could determine the threshold question of whether a customer's Arkansas Deceptive Trade Practices Act claims were subject to arbitration pursuant to the terms of his customer service agreement. It was for district court, and not arbitrator, to decide whether arbitration clause was void as claimed by customer.
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| United States v. Suarez-Perez, No. 06-1749,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 18, 2007, Filed
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Overview: Defendant was not brought to trial within the 70-day time limit under 18 U.S.C.S. § 3161(c) of the Speedy Trial Act, requiring dismissal of drug charges; the district court improperly entered a nunc pro tunc order that substantially changed defendant's rights by excluding time from the speedy trial clock without sufficient justification.
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