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| Leckenby v. Astrue, No. 06-3305,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 17, 2007, Filed
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Overview: A social security action denying a claimant's application for social security disability benefits and supplemental security income was remanded to the district court with directions to remand to the ALJ for reconsideration because the ALJ erred by disregarding the opinions of the treating physicians regarding the claimant's need for rest periods.
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| Med. Liab. Mut. Ins. Co. v. Alan Curtis LLC, No. 06-4055,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 17, 2007, Filed
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Overview: Intervenor was properly denied intervention in declaratory judgment action filed by plaintiff insurer. Intervenor's only interest was to ensure defendants in her state case had sufficient resources to satisfy any judgment she might obtain against them; that interest was too remote to qualify as a cognizable interest under Fed. R. Civ. P. 24(a)(2).
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| Morgan v. A.G. Edwards & Sons, Inc., No. 06-2107,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 17, 2007, Filed
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Overview: The grant of summary judgment to the employer on the employee's ADEA claims was affirmed because, at the time of the employee's demotion, four of the thirteen remaining regional managers were older than the employee, and two more were within five years younger than the employee.
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| Riley v. United States, No. 06-3711,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 17, 2007, Filed
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Overview: Sovereign immunity precluded jurisdiction over an action alleging that a vehicle operator was injured because his vision was obscured by the government's mailboxes, since the placement of the mailboxes was a discretionary function which could not be challenged under an exception to the waiver of immunity under the FTCA.
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| United States v. Carpenter, No. 06-3167,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 17, 2007, Filed
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Overview: District court did not clearly err in denying defendant a mitigating-role sentence reduction. The uncontested facts showed that methamphetamine (meth), intended for distribution, twice was seized from defendant's home, and that defendant conspired to distribute over 500 grams of meth. Defendant distributed three pounds of meth during conspiracy.
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| United States v. Henry, No. 06-2470,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 17, 2007, Filed
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Overview: Defendant's 57-month sentence for violating 18 U.S.C.S. § 2423(b) was reasonable because district court was not permitted under 18 U.S.C.S. § 3553(a)(6) to consider potential federal/state sentencing disparity and the sentence at the low end of guidelines range was not grossly disproportionate to the crime and did not violate the Eighth Amendment.
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| United States v. Reiss, No. 06-1955,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 17, 2007, Filed
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Overview: District court did not clearly err in enhancing defendant's sentence under USSG § 3B1.1(a) for defendant's violation of 26 U.S.C.S. § 7206(2) on eighty-four counts; defendant conceived and organized a broad tax fraud scheme and then directed his employees to carry it out by preparing and filing false returns using figures he reported.
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| United States v. Weis, No. 06-2996,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 17, 2007, Filed
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Overview: Prior conviction for assault with intent to commit sexual abuse-no injury, a violation of Iowa Code Ann. § 709.11, triggered statutory mandatory minimum provisions per 18 U.S.C.S. § 2252(b)(1). Defendant admitted he touched victim (minor) with intent to have intercourse; such conduct fell within broad meaning of relating to abusive sexual conduct.
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| United States v. Williams, No. 06-3418,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 17, 2007, Filed
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Overview: Obstruction of justice enhancement under USSG § 3C1.1 was proper as the district court did not clearly err in finding that appellant perjured himself during trial by denying, under oath, any involvement in the distribution of crack cocaine. Nothing appellant said, at the plea hearing or at trial, supported all the elements of aiding and abetting.
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