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   Federal Courts - 8th Circuit Court of Appeals - May 8 - May 9, 2007

  
United States v. Daniels, No. 05-1647, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 8, 2007, Filed
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Overview: There was ample evidence of at least a tacit understanding among coconspirators to achieve an illegal purpose; specifically, the testimony of a certain police officer, the cooperating witnesses, and defendant himself established that defendant purchased from his associates, over a long period of time, small quantities of crack cocaine to resell.

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United States v. Lopez-Becerra, No. 06-2077, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 8, 2007, Filed
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Overview: Defendant's counsel was allowed to withdraw and his appeal, challenging revocation of supervised release and imposition of nine month sentence, was denied because no error was shown. Defendant admitted violating supervised release conditions. Sentence was within authorized limits and was imposed after consideration of 18 U.S.C.S. § 3553(a) factors.

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United States v. Ramirez-Beltran, No. 06-1314, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 8, 2007, Filed
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Overview: Defendant waived his right to challenge the reasonableness of his sentence on appeal because, inter alia, the guilty plea transcript showed that he knowingly and voluntarily entered into his plea agreement and an appeal waiver contained therein, and because the challenge to his sentence fell within the scope of the appeal waiver.

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Antonelli v. Sanders, No. 06-2673, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 9, 2007, Filed
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Brumley v. City of Rockport, No. 05-4162, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 9, 2007, Filed
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United States v. Little, No. 07-1789, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 9, 2007, Filed
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Overview: District court erred in finding "exceptional circumstances" under 18 U.S.C.S. § 3145(c) to permit defendant, who was convicted for attempting to entice minor to engage in unlawful sexual activity in violation of 18 U.S.C.S. § 2422(b), to remain free on bail and to self surrender. Public deserved more protection from convicted online predators.

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United States v. Torres-Villalobos, No. 06-1876, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 9, 2007, Filed
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Overview: Court engaged in analysis of case law and determined that defendant's prior conviction for second-degree manslaughter pursuant to Minn. Stat. § 609.205 was not a "crime of violence" under 18 U.S.C.S. § 16, or an "aggravated felony" under 8 U.S.C.S. § 1326(b). Thus, defendant's sentence was vacated and his case was remanded for resentencing.

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United States v. Zastoupil, No. 05-2821, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 9, 2007, Filed
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Overview: Maximum sentence for violating 18 U.S.C.S. § 2251(a) and (e) and 18 U.S.C.S. § 2252(a)(4)(B) and (b)(2) was not unreasonable; factors under 18 U.S.C.S. § 3553(a) justified sentence at statutory maximum available under federal law, as defendant continued to show irrational thought patterns and he presented high level of serious risk to community.

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