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8th U.S. Circuit Court of Appeals

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Criminal Law: Sentencing-Appeal Waiver

Where a defendant challenged his sentence in a drug-conspiracy case, the plea agreement included an appeal waiver, and the sole issue raised on appeal was within the waiver, so the appeal is dismissed. Appeal is dismissed. U.S. v. Gatling (MLW ...

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Criminal Law: Sexual Exploitation of a Child-Obstruction of Justice Enhancement-Substantive Reasonableness of Sentence

Defendant appealed from his sentence imposed after he pleaded guilty to sexual exploitation of a child. On appeal, defendant challenged the district court’s application of a sentencing enhancement for obstruction of justice and its denial of an acceptance-of-responsibility reduction, and ...

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Criminal Law: Illegal Reentry-Simultaneous Prosecution and Removal-Bail Reform Act

The government charged defendant with illegal reentry and simultaneously prosecuted and removed him. Defendant moved to dismiss his indictment, arguing that his simultaneous prosecution and removal violated the Bail Reform Act and his constitutional rights. The district court denied the ...

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Criminal Law: Felony Child Abuse and Neglect-Imprisonment and Supervised Release-Substantive Reasonableness of Sentence

Defendant pleaded guilty to felony child abuse and neglect and was sentenced to 60 months’ imprisonment followed by three years’ supervised release. On appeal, defendant challenged the substantive reasonableness of his sentence. Where the district court based its sentencing on ...

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Criminal Law: Conspiracy to Distribute Cocaine Base-Sufficiency of Evidence-Calculation of Offense Level

Defendants were found guilty of drug and firearms offenses. Defendant Bruce Pugh was sentenced to 110 months’ incarceration, and defendant Darren Warren was sentenced to 130 months’ imprisonment. On appeal, defendants challenged the sufficiency of evidence; Pugh also challenged the ...

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Consumer Law: Rule 60(b) Motion-Standard of Review-Abuse of Discretion

Plaintiff appealed from the denial of his Rule 60(b) motion. Where there was no abuse of discretion in denying plaintiff’s motion for relief from judgment as relief was authorized only in the most exceptional cases, the court affirmed judgment. Judgment ...

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Civil Rights: Pro Se Claims-Dismissal

Where appellants challenged the dismissal of their pro se complaint raising federal and state law claims, the court properly dismissed the federal claims, so the judgment is affirmed in part, and the order remanded the state law claims is vacated. ...

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Civil Rights: Prison Inmate-Challenge to Conditions of Confinement-Summary Judgment

Plaintiff, an inmate, appealed from the adverse grant of summary judgment in his action challenging the conditions of his confinement. Where the record supported the grant of summary judgment to defendants, the court affirmed and denied plaintiff’s pending motions as ...

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Civil Rights: First Amendment-Unlawful Retaliation-State Claims

Where a fired police officer brought civil rights claims against the city and police chief alleging unlawful retaliation for exercise of his First Amendment rights, the district court properly granted the motion dismissing the First Amendment retaliation claim because the ...

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