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| Andrews v. Douglas County, No. 05-1829,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 5, 2006, Filed
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Overview: Summary judgment record undisputedly showed that defendant police officer had probable cause for plaintiff's arrest. The police officer's request for identification from plaintiff was lawful even though plaintiff was merely a passenger in the stopped car. Plaintiff was the subject of outstanding arrest warrants per the crime-information database.
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| Jones v. Schriro, No. 05-2229,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 5, 2006, Filed
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| Mershon v. St. Louis Univ., No. 05-1192,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 5, 2006, Filed
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Overview: Grant of summary judgment to defendants against student's ADA and Rehabilitation Act failure to accommodate and retaliation claims was affirmed. He made no showing that defendants' explanation for student's expulsion was false or that defendants acted in bad faith in relying on investigator's report that student made threat against faculty member.
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| Suprun v. Gonzales, No. 05-2340,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 5, 2006, Filed
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Overview: Where an alien, a Russian citizen of Jewish faith, claimed that racial slurs were directed at him and that his art studio in Russia had been vandalized three times by anti-Semitic vandals when he was not present, the alien was properly denied asylum under 8 U.S.C.S. § 1158(b)(1) because the incidents did not involve threats to his life or freedom.
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| United States v. Haney, No. 05-3376,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 5, 2006, Filed
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Overview: Because defendant's conviction for failure to return to confinement, Mo. Rev. Stat. § 575.220.1, qualified as an earlier violent felony under 18 U.S.C.S. § 924(e), the court affirmed defendant's sentence to the minimum 180 months in prison under § 924(e) after he pleaded guilty to being a felon in possession of a firearm.
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| United States v. Livingston, No. 04-3825,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 5, 2006, Filed
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Overview: Because breaking or entering a vehicle for purposes of committing a theft under Ark. Code Ann. § 5-39-202 was not a violent felony for purposes of the Armed Career Criminal Act (ACCA), 18 U.S.C.S. § 924(e), the ACCA was improperly applied to defendant's sentence for violation of 18 U.S.C.S. § 922(g), (j), and his sentence was vacated.
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| United States v. Ocampo-Discua, No. 05-2156,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 5, 2006, Filed
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| United States v. Rubio, No. 05-2162,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 5, 2006, Filed
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Overview: Defendant's sentence was affirmed where there was nothing in the record to rebut the presumption that the sentence was reasonable, the offense involved a large quantity of methamphetamine, and district court, having considered the 18 U.S.C.S. § 3553(a) factors, showed some leniency by sentencing defendant at the bottom of the advisory USSG range.
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| United States v. Watson-El, No. 05-1505,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 5, 2006, Filed
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