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8th U.S. Circuit Court of Appeals

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Immigration: Order of Removal-Reinstatement-Dismissal of Federal Complaint

Petitioner, a citizen of Mexico who unlawfully entered the United States, was ordered removed after he was convicted of an aggravated felony. Petitioner later unlawfully reentered the U.S., alleging that he feared persecution if returned to Mexico. An immigration judge ...

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Immigration: Cancellation of Removal-Motion to Reopen or Reconsider-Appellate Jurisdiction

Petitioner, a citizen of Mexico, unlawfully entered the United States and was placed in removal proceedings, where he conceded removability and had a request for voluntary departure granted. Petitioner subsequently moved to reopen the proceedings and cancel his removal, however, ...

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Employment: Unlawful Retaliation-Federal Railroad Safety Act-Discovery Rulings

Plaintiff was terminated after an investigation concluded that his truck’s brakes had not malfunctioned and that he was the sole cause of a crash with a train. Plaintiff sued for unlawful retaliation, arguing that defendant had retaliated against him for ...

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Employment: Discrimination-Dismissal-Failure to State a Claim

Plaintiff appealed from the dismissal of her employment-discrimination case. The district court had dismissed some of plaintiff’s claims under 28 U.S.C. §1915(e)(2)(B)(ii) and later dismissed the remaining claims under Rule 12(b)(6). Where the record supported dismissal of plaintiff’s claims, the ...

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Criminal Law: Sentencing-Probation Violations

Where a defendant argued that his sentence was substantively unreasonable because the district court failed to consider the de-escalation of his probation violations, appellate review of sentencing decisions is limited to whether the decisions were reasonable, and the judgment is ...

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Criminal Law: Sentencing-Prior Convictions

Where a defendant in a drug case challenged the admission of evidence of his three prior felony drug convictions and testimony about him being under court supervision at the time of his arrest, the district court properly limited the evidence ...

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Criminal Law: Sentencing-Enhancement

Where a defendant who pleaded guilty to a drug-conspiracy offense challenged his sentence, the district court did not err in applying an enhancement for the defendant’s role in the offense because undisputed facts in the presentence report established that he ...

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Criminal Law: Possession of Firearm-Certificate of Innocence-Abuse of Discretion

Defendant appealed from the denial of his petition for a certificate of innocence after he was charged with possession of a firearm. Where the record supported finding that defendant in possession a firearm and that his possession constituted additional offenses ...

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Criminal Law: Felon in Possession of Firearm-Motion to Suppress Evidence-Sentencing Enhancement

In consolidated appeals, defendants appealed their convictions for being a felon in possession of a firearm, challenging the district court’s application of a sentencing enhancement for possession of a firearm in connection with another felony offense. Defendant Tereall Green also ...

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Criminal Law: Drug Charges-Plea Agreement-Substantive Reasonableness of Sentence

Defendant appealed from his conviction after he pleaded guilty to drug charges and the district court imposed a sentence in accordance with defendant’s plea agreement. On appeal, defendant challenged his sentence as substantively unreasonable and an abuse of discretion and ...

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