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| Katun Corp. v. Clarke, No. 06-2789,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 2, 2007, Filed
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Overview: Because an indemnification provision did not create the kind of negative incentives associated with attempts to insure against penal sanctions and because the claim for indemnification was not an illegal demand or in violation of public policy, it was error for the district court to dismiss the action seeking to enforce a settlement agreement.
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| Lubale v. Gonzales, No. 06-3540,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 2, 2007, Filed
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Overview: The BIA did not abuse its discretion in denying an alien's motion to reconsider because the removal proceedings commenced after the effective date of the IIRIRA and the BIA lacked authority to apply an "exceptional circumstances" justification for his failure to depart within time period afforded for voluntary departure.
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| United States v. Jones, No. 07-1243,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 2, 2007, Filed
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| United States v. Miller, No. 06-3608,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 2, 2007, Filed
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Overview: District court did not abuse its discretion in departing upward under USSG § 4A1.3(a)(2)(A) based on its finding that criminal history category VI substantially underrepresented the seriousness of defendant's criminal history and recidivism risk; defendant had many juvenile adjudications for which he had not received any criminal history points.
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| United States v. Miller, No. 06-2875,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 2, 2007, Filed
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Overview: Giving due weight to the 18 U.S.C.S. § 3553(a) factors, in particular the seriousness of distribution of between 500 and 2,000 grams of cocaine, and promotion of respect for federal drug laws, inter alia, the appellate court concluded that a sentence three years of probation and no imprisonment beyond time served (8 1/2 months) was unreasonable.
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| United States v. Shan Wei Yu, No. 06-1273,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 2, 2007, Filed
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Overview: Upward departure under U.S. Sentencing Guidelines Manual § 2L1.1, application n. 4 (2005) for defendant's sentence for conspiring to transport illegal aliens was proper. District court could not give the exact number of illegal aliens among 6,000 immigrant workers supplied by defendant, and evidence supported a finding of over 1,000 illegal aliens.
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| United States v. Walker, No. 05-3349,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 2, 2007, Filed
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Overview: Defendant's 18 U.S.C.S. § 922(g) conviction and 18 U.S.C.S. § 924(e)(1) sentence were affirmed. The government sufficiently proved interstate commerce element of offense. Defendant's prior convictions did not to be proven to a jury in order for district court to find that he was career criminal, for purposes of imposing mandatory minimum sentence.
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