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| List v. County of Carroll, No. 06-2319,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, June 6, 2007, Filed
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Overview: Where appellants' ADA and Rehabilitation Act, 29 U.S.C.S. § 794 claims were based upon allegations of disability discrimination, the viability of such claims, as well as a civil rights and due process claim, depended on whether, under state law, the hearings in question had to be made available to the public; appellate court therefore abstained.
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| Meuir v. Greene County Jail Emples., No. 05-3394,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, June 6, 2007, Filed
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Overview: Defendants were properly granted summary judgment on inmate's § 1983 claim that jail's medical staff deliberately disregarded his chronic dental problems in violation of Eighth Amendment as he failed to produce any evidence supporting claim while nurses and the doctor adduced affidavits from dentist and doctor attesting that treatment was adequate.
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| Owens v. Isaac, No. 06-3007, No. 07-1056,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, June 6, 2007, Filed
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Overview: District court's denial of inmate's request to proceed in forma pauperis under 28 U.S.C.S. § 1915(g) and its dismissal of his two § 1983 actions on ground that he had three "strikes" was reversed because dismissal of case without prejudice for failure to exhaust and summary affirmance of dismissal of case as frivolous did not count as strikes.
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| United States v. Cain, No. 06-3429,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, June 6, 2007, Filed
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Overview: Defendant's conviction for conspiracy to distribute, and possession with intent to distribute, crack cocaine was affirmed because the testimony of seven witnesses at defendant's trial clearly supported the conviction and the district court's sentence was reasonable as defendant was not similarly situated to other persons involved in the conspiracy.
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| United States v. Crawford, Nos. 06-3464; 06-3465; 06-3466,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, June 6, 2007, Filed
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Overview: Although the record did not establish that defendant, who proceeded pro se at sentencing, made a knowing and intelligent waiver of his Sixth Amendment right to counsel, the error was harmless because defendant was given the minimum sentence allowed by statute.
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| United States v. Garcia, No. 06-2941,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, June 6, 2007, Filed
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Overview: District court did not err in applying USSG § 4B1.1 and sentencing defendant to 168-months because it properly found defendant's advisory Guidelines range based in part on his career-offender status, that departure was not warranted, and that after considering the 18 U.S.C.S. § 3553(a) factors, a non-Guidelines sentence was reasonable.
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| United States v. Jennings, No. 06-1889,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, June 6, 2007, Filed
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Overview: Where defendant had a financial interest in a company which benefitted from legislation that he authored, and other legislators and the public should have known about this interest, and the effect of the bill was greater upon the company than other businesses, evidence was sufficient to convict under Minn. Stat. § 10A.07 and 18 U.S.C.S. § 1341.
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| United States v. Lovejoy, No. 06-2500,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, June 6, 2007, Filed
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Overview: Following defendant's guilty plea to abusive sexual contact with a minor under age of 12, the district court's imposition of a 120-month sentence, which was the statutory maximum and was also the undisputed advisory United States Sentencing Guidelines sentence, was not grossly disproportionate to the crime in violation of the Eighth Amendment.
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