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| Gebresadik v. Gonzales, No. 06-2420,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, June 21, 2007, Filed
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Overview: Substantial evidence supported IJ's finding that alien failed to show her eligibility for asylum, withholding of removal, and relief under CAT due to her past political activity in Ethiopia and her Eritrean heritage. IJ's adverse credibility finding was supported by implausibility of alien's claims and her failure to present corroborative evidence.
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| Jordan v. United States, No. 06-2443,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, June 21, 2007, Filed
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Overview: United States was properly granted summary judgment in pilot's FICA tax refund suit. Expense reimbursements that pilot received in connection with his travel from his Minnesota home to his Alaskan workplace constituted "wages" as defined in 26 U.S.C. § 3121(a). They did not constitute deductible employment-related expenses under 26 U.S.C.S. § 162.
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| Nicklasson v. Roper, No. 05-3318,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, June 21, 2007, Filed
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Overview: The judgment denying an inmate's petition for a writ of habeas corpus under 28 U.S.C.S. § 2254(d) was affirmed because there was no Batson violation; it was entirely reasonable trial strategy for a prosecutor to excuse a juror whose responses suggested that they may be more committed to the imposition of life in prison than others.
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| Richmond v. City of Brooklyn Ctr., Nos. 05-3770, 05-3771,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, June 21, 2007, Filed
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Overview: In this 42 U.S.C.S. § 1983 action, the district court's denial of qualified immunity was reversed because a reasonable officer in defendant officer's position would not have understood that the strip search of plaintiff in his motel room would violate his constitutional rights; the standards for privacy and hygiene clearly were met.
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| United States v. Hakim, No. 06-3847,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, June 21, 2007, Filed
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Overview: Defendant's conviction under 21 U.S.C.S. §§ 841(a)(1), 846 for conspiring to possess with intent to distribute over 50 grams of crack cocaine was affirmed because jury could find beyond reasonable doubt that defendant was part of illegal drug conspiracy based on evidence of his participation in number of drug-related activities with coconspirator.
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| United States v. Holbdy, No. 06-3196,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, June 21, 2007, Filed
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Overview: District court did not err in denying defendant's request for an evidentiary hearing on the Government's refusal to move for a downward departure pursuant to U.S. Sentencing Guidelines § 5K1.1 or 18 U.S.C.S. § 3553(e) because defendant's bare assertions of substantial assistance were insufficient to trigger the need for an evidentiary hearing.
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| United States v. Boesen, No. 06-3290,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, June 22, 2007, Filed
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Overview: Defendant was improperly granted a judgment of acquittal following a jury's guilty verdict on charges of conspiracy and health care fraud under 18 U.S.C.S. §§ 371 and 1347; a reasonable jury could have inferred from evidence regarding defendant's involvement in billing that he knowingly took part in defrauding a health care program.
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| United States v. Leach, No. 06-1471,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, June 22, 2007, Filed
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Overview: District court erred by refusing to apply a repeat sex offender sentencing enhancement under U.S.S.G. § 4B1.5(a) in the sentencing of a defendant who pled guilty to violating 18 U.S.C.S. § 2422(b) only because defendant had not yet been sentenced for a state sex offender conviction. Only a finding of guilt was required for the enhancement to apply.
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| United States v. Smith, No. 06-3085,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, June 22, 2007, Filed
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