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   Federal Courts - 8th Circuit Court of Appeals - June 18 - June 19, 2007

  
Goss Int'l Corp. v. Man Roland Druckmaschinen Aktiengesellschaft, No. 06-2658, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, June 18, 2007, Filed
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Overview: When the district court issued the injunction, foreign seller had not paid its judgment which arose under the since-repealed antidumping statute, 15 U.S.C.S. § 72; after the foreign seller paid the judgment, the maintenance of the antisuit injunction - which prevented the foreign seller from filing suit in Japan - could not be justified.

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Khamis v. Gonzales, No. 05-4448, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, June 18, 2007, Filed
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Overview: Alien was properly denied asylum, withholding of removal, and CAT relief because reasonable fact finder could find that alien was not credible based on inconsistencies in record, including that alien testified that he had never been arrested but then offered into evidence a letter stating he had been arrested multiple times and tortured.

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United States v. Carter, No. 05-4414, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, June 18, 2007, Filed
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Overview: Defendant forfeited his Ex Post Facto Clause claim, arising from application of 2001 federal sentencing guidelines to his case pursuant to U.S. Sentencing Guidelines Manual § 1B1.11(b)(2), (3), because he had not raised it in prior sentencing appeal. Factual findings supported adoption of enhancement under U.S. Sentencing Guidelines Manual § 3C1.1.

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United States v. Paeper, No. 06-2617, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, June 18, 2007, Filed
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Overview: Defendant's sentence was properly enhanced under U.S. Sentencing Guidelines Manual § 3B1.1(a) as it was undisputed that more than five persons were involved in conspiracy and that he directed others to obtain precursors for him and compensated some participants with small amounts of manufactured drugs in return for their obtaining supplies for him.

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Craftsmen Limousine, Inc. v. Ford Motor Co., No. 06-1559, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, June 19, 2007, Filed
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Overview: Coachbuilder did not submit sufficient evidence of the existence of some entity - whether the vehicle manufacturer or the competitor individually, or acting as a cartel - with the means to exercise market power in the limousine industry; thus, summary judgment on the coachbuilder's 15 U.S.C.S. § 1 claims in favor of appellees was affirmed.

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United States v. Gregory, No. 06-2492, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, June 19, 2007, Filed
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