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| Bartman v. Comm'r, No. 04-2771,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 2, 2006, Filed
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Overview: Because no deficiency had been assessed by the IRS against the taxpayer for tax year 1997, the United States Tax Court correctly found that it lacked jurisdiction under the plain language of 26 U.S.C.S. § 6015(e)(1) to review the taxpayer's petition for review of the denial of her refund request for tax year 1997.
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| Mamana v. Ashcroft, No. 04-2403,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 2, 2006, Decided
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| McClain v. Shelter Gen. Ins. Co., No. 05-2231,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 2, 2006, Decided
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| Penton v. Green, No. 05-2884,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 2, 2006, Filed
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Overview: Dismissal of prisoner's § 1983 suit with prejudice as a sanction under Fed. R. Civ. P. 41(b) for disobeying scheduling order by refusing to give substantive answers during deposition was disproportionately harsh sanction. There was no contemporaneous warning from district court that failure to answer deposition questions could result in dismissal.
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| United States v. Allen, No. 05-2308,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 2, 2006, Decided
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| United States v. Dion, Nos. 05-1472/1477,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 2, 2006, Submitted , May 2, 2006, Filed
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Overview: Consecutive sentences of 24 months and 12 months imposed on revocation of defendant's two terms of supervised release were not unreasonable. District court considered appropriate factors in imposing sentences, including defendant's conduct resulting in revocation and abusive conduct toward jailers while he was being detained pending proceedings.
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| United States v. Hawkman, No. 05-2115,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 2, 2006, Decided
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| United States v. Henderson, No. 04-4110,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 2, 2006, Decided
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| United States v. Kendall, No. 05-2836,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 2, 2006, Filed
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Overview: Sentence of 84 months' imprisonment on conviction of knowingly possessing equipment, chemicals, products, and materials used to manufacture methamphetamine was extraordinary where it was 155 percent increase from maximum USSG range. Extraordinary circumstances did not support departure, as nothing set case apart from any other methamphetamine case.
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