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   Federal Courts - 8th Circuit Court of Appeals - April 19 - April 23, 2007

  
Banks v. AmerenUE, No. 05-4336, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 19, 2007, Filed
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Parker v. Porter, No. 06-2063, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 19, 2007, Filed
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Ruminer v. GMC, No. 06-2192, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 19, 2007, Filed
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Overview: Vehicle manufacturer was properly granted summary judgment in driver's product liability suit alleging that defects in occupant protection system caused his injuries because he offered no evidence regarding existence of specific defect in protection system, requiring speculation as to whether it was defective at time it left manufacturer's control.

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United States v. Ferrer-Montoya, No. 06-3751, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 19, 2007, Filed
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Overview: Search of false compartment in defendant's vehicle did not violate Fourth Amendment as it did not exceed scope of defendant's consent to search vehicle for drugs because he placed no limitations on consent, officer believed scarred screws concealed compartment, compartment was opened in minimally intrusive manner, and defendant did not object.

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United States v. Knott, No. 06-3202, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 19, 2007, Filed
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United States v. McCoy, No. 06-4197, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 20, 2007, Filed
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Overview: District court properly denied a pretrial suppression motion filed by defendant, who later pleaded guilty to possessing child pornography. Search warrant affidavit established probable cause to search defendant's computer, but not his car. The good faith exception to the U.S. Const. amend. IV exclusionary rule applied with regard to search of car.

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United States v. Thomas, No. 06-3055, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 20, 2007, Filed
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Overview: Defendant's appeal from his 18 U.S.C.S. §§ 922(g)(1), (k), 924(a)(1)(b), (2), firearm possession convictions and within-guidelines sentence was denied. The evidence supported district court's finding that he constructively possessed shotgun. District court properly adopted enhancements under U.S. Sentencing Guidelines Manual §§ 4B1.2, 2K2.1(b)(5).

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United States v. Norris, No. 04-2073, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 23, 2007, Filed
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Overview: Because defendant did not show that the plea agreement specifically contemplated pre-plea performance or that the government had taken unfair advantage of its withdrawal from the agreement, district court's order granting defendant's motion for specific performance of the plea agreement and dismissing the superseding indictment was vacated.

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United States v. Proell, No. 06-3324, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 23, 2007, Filed
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Overview: Appeals court rejected defendant's challenge to denial of suppression motion and affirmed his 26 U.S.C.S. §§ 5861(d), 5871, 18 U.S.C.S. §§ 922(g)(3), 924(a)(2), and drug-related convictions. "Good faith" exception applied to first warrant-based search of defendant's property. Two additional searches resulted from evidence found during first search.

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