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8th U.S. Circuit Court of Appeals

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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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Criminal Law: Distribution of Methamphetamine-Retesting of Drugs-Substantive Reasonableness of Sentence

Defendant entered a conditional guilty plea to aiding and abetting distribution of methamphetamine after the district court denied his motion for retesting of drug quality and quantity. On appeal, defendant challenged the denial of his motion and argued that the ...

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Criminal Law: Distribution of Methamphetamine-Retesting of Drugs-Substantive Reasonableness of Sentence

Defendant entered a conditional guilty plea to distribution of methamphetamine. The district court had denied defendant’s motion for retesting of drug quality and quantity and approval of expenditures. On appeal, defendant argued that the district court erred in denying his ...

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Criminal Law: Carjacking-Within-Guidelines Sentence-Brady Violation

Defendant appealed from his conviction for carjacking, arguing that the district court impermissibly double-counted the same criminal conduct in calculating his sentence, that his overall sentence was substantively unreasonable and that the government committed a Brady violation by failing to ...

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Bivens Claim Failure to Exhaust Administrative Remedies Availability of Grievance Process

Plaintiff, a federal inmate, appealed from the summary judgment dismissal of his Bivens claim against defendant, a physician assistant at plaintiff’s federal correction center. Where plaintiff had failed to exhaust his administrative remedies where he could not show the unavailability ...

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Civil Rights: 42 U.S.C. §1983-Conversion of Pet Animal-Violation of Procedural Due Process

Plaintiff filed a §1983 suit against defendants in their individual and official capacities, alleging they violated his right to procedural due process when they spayed and gave away for adoption plaintiff’s pet German Shepherd that had escaped from plaintiff’s home, ...

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Administrative: Supplemental Security Income-Denial of Benefits-Residual Functional Capacity

Plaintiff appealed from the denial of his application for supplemental security income. Although plaintiff was found to suffer from borderline intellectual functioning, learning delays, schizoaffective disorder, and mood, personality, and anxiety disorders, an ALJ concluded that plaintiff could perform his ...

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Criminal Law: First-Degree Murder-Death Sentence-Jury Instructions

Where a defendant convicted of first-degree murder after a joint trial with a co-defendant challenged his death sentence, including the aggravating and mitigating factors considered by the jury and the instructions received, the defendant did not show that the district ...

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Criminal Law: Child Pornography-Willful-Blindness Instruction-Sufficiency of Evidence

Defendant was convicted of receiving and distributing child pornography. On appeal, defendant argued that the trial court erred in giving the jury a willful-blindness instruction. Defendant also challenged the sufficiency of the evidence at trial and argued that his sentence ...

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Criminal Law: Amendment 801-Reduction of Sentence-Retroactivity

Defendant appealed from the district court’s denial of his motion to reduce his sentence based on Amendment 801 to the Sentencing Guidelines. Where Amendment 801 was not listed in Sentencing Guidelines §1B1.10(d), there was no authorization for a sentence reduction, ...

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Civil Rights: Injunctive Relief-Validity of Convictions

Where appellant challenged the pre-service dismissal of his complaint, which sought declaratory, injunctive and monetary relief following an Arkansas arrest and convictions for driving-related offenses, the district court properly dismissed the complaint because the convictions had not been reversed and ...

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