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   Federal Courts - 8th Circuit Court of Appeals - May 25, 2007

  
Holland v. Sam's Club, No. 06-1321, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 25, 2007, Filed
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Overview: The grant of summary judgment to the employer on the Title VII gender discrimination claim was affirmed; because the employee's transfer from operating a forklift to being a stocker in electronics involved no change in pay or benefits and only minor changes in working conditions, the transfer did not constitute an adverse employment action.

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United States v. Goodwin, No. 06-2502, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 25, 2007, Filed
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Overview: District court did not err in resentencing defendant to the same 87-month sentence that it had initially imposed because the initial sentence was reversed, along with a co-defendant's sentence, due to concerns about the disparity between sentences for similarly situated co-conspirators. The remand did not limit the sentencing court's discretion.

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United States v. Holthaus, No. 06-2843, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 25, 2007, Filed
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Overview: District court correctly determined defendant's violation of 18 U.S.C.S. § 152(3) directly and proximately harmed a bankruptcy trustee because the trustee worked more than 50 uncompensated hours as a result of the violation. Thus, the order requiring defendant to pay the trustee pursuant to the Mandatory Victims Restitution Act was appropriate.

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United States v. Lozano, No. 05-4076, No. 05-4355, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 25, 2007, Filed
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Overview: District court did not err in applying USSG § 5G1.3(b) and refusing to award defendant credit for the time he served on a state escape offense because that offense was not factored into defendant's criminal history calculation, and did not result in the imposition of an obstruction enhancement or any other increase in defendant's sentence.

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