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| Colbert v. Roling, No. 06-1058,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 14, 2007, Filed
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Overview: Because appellant failed to identify any particular federal right provided for under a specific provision of Title IV-D of the Social Security Act, 42 U.S.C.S. § 651 et seq., he could not bring a 42 U.S.C.S. § 1983 claim based on an individual federal right under Title IV-D. Appellant also had no private right of action under 15 U.S.C.S. § 1673.
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| Kittler v. Astrue, No. 06-2225,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 14, 2007, Filed
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| Hillier v. SSA, No. 06-2837,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 15, 2007, Filed
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Overview: Applicant was not disabled under Social Security Act and thus was not entitled to SSDI or SSI. Report of psychological examiner was not barred by res judicata; ALJ presented vocational expert with fair hypothetical question; and applicant's job history supported conclusion that her mental limitations did not preclude her from working as cashier.
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| Rehrs v. Iams Co., No. 06-1609,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 15, 2007, Filed
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Overview: An employer was properly granted summary judgment as to employee's ADA and Nebraska Fair Employment Practices Act disability discrimination claims because he was not a "qualified individual" under ADA. He was unable to perform all essential functions of his job because could not work under rotating shift schedule used by employer for his position.
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| United States v. Smith, No. 06-2436,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 15, 2007, Filed
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Overview: A conviction for conspiracy to distribute methamphetamine under 21 U.S.C.S. §§ 841(b)(1)(A) and 846 was supported by substantial evidence that defendant received half of the methamphetamine that a co-conspirator received from another co-conspirator and offered to "take care of" the person who may have stolen a shipment.
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| United States v. Jiminez, No. 06-3755,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 16, 2007, Filed
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Overview: Sufficient evidence supported defendant's conviction for conspiracy to distribute and to possess with intent to distribute more than 500 grams of methamphetamine. Defendant's inconsistent statements to trooper and defendant's trembling hands when he handed the trooper documents suggested that defendant knew that minivan contained methamphetamine.
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| United States v. Lyons, No. 06-3292, No. 06-3344,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 16, 2007, Filed
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Overview: By the time the officer had issued warning ticket for speeding, she had developed reasonable suspicion of illegal activity sufficient to detain appellants for further investigation; several facts raised her suspicion including unusual itinerary, contradictory descriptions of friends visited, and large amount of luggage for trip lasting short time.
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| United States v. Rosas, No. 06-3265,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 16, 2007, Filed
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Overview: Evidence was sufficient to enhance defendant's sentence for violations of 21 U.S.C.S. §§ 841 and 846 under U.S. Sentencing Guidelines Manual § 3B1.1 because there was evidence that defendant directed others to make trips to transport methamphetamine and that defendant kept a separate location just for a cut lab.
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