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8th U.S. Circuit Court of Appeals

Criminal Law: Traffic Stop – Extension – ‘Blended Process’

U.S. v. Rivera (MLW No. 59284/Case No. 08-2538 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.) Where a defendant convicted on drug charges claimed a traffic stop was unreasonably prolonged by an officer’s use of mixed drug-interdiction ...

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Criminal Law: Traffic Stop – Extension – Dog Sniff

U.S. v. Suitt (MLW No. 59313/Case No. 08-2688 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Shepherd, J.) Where an officer conducting a traffic stop asked routine questions about defendant’s travel plans as he wrote a warning ticket and ...

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Criminal Law: Sufficiency Of Evidence – Drug Conspiracy – Sentencing

U.S. v. Hernandez (MLW No. 59308/Case No. 08-3460 – 7 pages) (U.S. Court of Appeals, 8th Circuit, Riley, J.) Where a jury’s credibility determinations of witnesses in a drug conspiracy case were supported by sufficient evidence, the evidence was sufficient ...

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Criminal Law: Sentencing – Remand – Reduction

U.S. v. Pepper (MLW No. 59301/Case No. 09-1191 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Riley, J.) Where an appellate court ordered a remand for resentencing that was a general remand that did not place any limitations on ...

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Criminal Law: Sentencing – Reduction – Crack Cocaine

U.S. v. Tolliver (MLW No. 59279/Case No. 08-3229 – 7 pages) (U.S. Court of Appeals, 8th Circuit, Murphy, J.) Where a drug offender’s applicable guideline range was his career offender range and that range has not been lowered by Amendment ...

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Criminal Law: Sentencing – Prior Conviction – Sufficiency Of Evidence

U.S. v. Jeffries (MLW No.59314/Case No. 08-3003 – 7 pages) (U.S. Court of Appeals, 8th Circuit, Wollman, J.) Where a defendant’s criminal history category was increased based upon a prior conviction that allegedly qualified the defendant as a repeat and ...

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Criminal Law: Sentencing – Accomplice Liability – Enhancements

U.S. v. Lee (MLW No. 59296/Case No. 08-2860 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.) Where a defendant pleaded guilty to aiding and abetting assault with intent to rob a post office, the district court did ...

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Criminal Law: Sentencing – ACCA – Prior Drug Offenses

U.S. v. Ross (MLW No. 59287/Case No. 08-3040 – 4 pages) (U.S. Court of Appeals, 8th Circuit, Shepherd, J.) Where a defendant who pleaded guilty to a count of being a felon in possession of a weapon was previously convicted ...

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Criminal Law: Seizure – Suppression Order – Bus Cargo

U.S. v. Alvarez-Manzo (MLW No. 59285/Case No. 08-2647 – 13 pages) (U.S. Court of Appeals, 8th Circuit, Shepherd, J.) Where an officer assigned to detect criminal activity at a bus station removed a passenger’s bag from the cargo area of ...

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Criminal Law: Restitution – Timeliness Of Order – Bank Burglary

U.S. v. Balentine (MLW No. 59302/Case No. 08-1871 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Bye, J.) Even though a district court failed to timely order restitution under the Mandatory Victims Restitution Act, under harmless-error review the delay ...

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Criminal Law: Murder-For-Hire – Sufficiency Of Evidence – Sentencing

U.S. v. Dotson (MLW No. 59280/Case No. 08-3446 – 4 pages) (U.S. Court of Appeals, 8th Circuit, Benton, J.) Where the government presented evidence that a defendant convicted of a conspiracy for murder to hire knew the ultimate purpose for ...

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