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| Reis v. Walker, No. 06-2825,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, June 25, 2007, Filed
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Overview: District court properly dismissed corporate officer's counterclaim against corporate employee alleging abuse of process because it was not abuse of process for employee to commence lawsuit asserting her claims against officer for purpose of settling entire dispute, regardless of whether prior settlement demands were directed to corporation.
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| United States v. Gallimore, No. 06-3792,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, June 25, 2007, Filed
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Overview: No error arose from imposition of within-guidelines 87 month sentence after defendant pleaded guilty to 18 U.S.C.S. § 1513(b)(1), (2), retaliation offense. His base offense level was properly fixed under U.S. Sentencing Guidelines Manual §§ 2J1.2(c), 2X3.1. Undisputed facts raised inference that defendant intended to obstruct criminal prosecution.
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| United States v. Gillispie, No. 06-3864,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, June 25, 2007, Filed
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Overview: Within-guidelines 108 month sentence imposed on defendant after he pleaded guilty to drug conspiracy offense was not unreasonable. District court followed proper sentencing procedures. The evidence presented by government, including fact that guns were found with drugs in safe, supported enhancement under U.S. Sentencing Guidelines Manual § 2D1.1.
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| United States v. Radosh, No. 06-2218, No. 06-3158,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, June 25, 2007, Filed
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Overview: Evidence that defendant, a convicted felon, was present during search and was arrested when officers found firearms and that defendant told officers most guns belonged to his deceased father, but that handgun found was used for protection was sufficient to convict defendant of constructive possession of the firearm under 18 U.S.C.S. § 922(g)(1).
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| United States v. Williams, No. 06-2001,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, June 25, 2007, Filed
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Overview: District court substantially complied with Fed. R. Crim. P. 32(i)(4)(A)(ii) when it offered three opportunities for defendant to allocute at his resentencing hearing, and defendant spoke on his own behalf on only two of those occasions but said nothing on third occasion despite district court asking if anyone wanted to place anything on record.
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