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8th U.S. Circuit Court of Appeals

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Civil Practice: Class Action – Dismissal – Filed-Rate Doctrine

Where a plaintiff who claimed a cable television company overcharged customers for network upgrades sought damages for unjust enrichment and violation of the Minnesota Prevention of Consumer Fraud Act, plaintiff’s class action challenged a rate on file with the City ...

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Administrative: OSHRC – Citation Policy – Agency Regulation

Where the Occupational Safety and Health Review Commission held that the Secretary of Labor’s “controlling employer citation” policy violated an agency regulation, the OSHRC abused its discretion because the plain language of the agency regulation does not preclude the policy. ...

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8th U.S. Circuit Court of Appeals: Criminal law

Habeas petition; timeliness 07-3544 Christopher J. Earl, Petitioner-Appellant, v. Joan Fabian, Commissioner, Minnesota Department of Corrections, Respondent-Appellee Appeal From: U.S. District Court for the District of Minnesota Submitted: Oct. 14, 2008 Filed: Feb. 23, 2009 (corrected 2/24/09) Before: Judges Loken, ...

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8th U.S. Circuit Court of Appeals: Criminal law

Cross examination; limitation 08-2224 United States of America, Appellee, v. Darwin Beck, Appellant Appeal From: U.S. District Court for the Eastern District of Missouri Submitted: Dec. 11, 2008 Filed: Feb. 23, 2009 Before: Judges Loken, Beam and Kyle(FN1) Opinion By: ...

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8th U.S. Circuit Court of Appeals: Criminal Law

Sentencing; reduction 08-2419 United States of America, Plaintiff-Appellant, v. Herman Sean Baylor, Defendant-Appellee Appeal From: U.S. District Court for the Southern District of Iowa Submitted: Jan. 14, 2009 Filed: Feb. 11, 2009 Before: Judges Bye, Gruender and Kays(FN1) Opinion By: ...

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8th U.S. Circuit Court of Appeals: Criminal Law

Miranda; custodial statements 08-1549 United States of America, Appellee, v. Reginald L. McGlothen, Appellant Appeal From: U.S. District Court for the Western District of Missouri Submitted: Dec. 11, 2008 Filed: Feb. 13, 2009 Before: Judges Loken, Beam and Kyle(FN1) Opinion ...

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Criminal Law: Sentencing – Predicate Offense – Child Endangerment

Where a defendant who pleaded guilty to possessing a firearm as a convicted felon had a 2004 conviction for endangering the welfare of a child in the first degree, the child-endangerment conviction was not a “violent felony” to qualify as ...

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Criminal Law: Sentencing – Methamphetamine Conspiracy – Enhancement

Where a defendant challenged his 264-month sentence for charges connected with his participation in a methamphetamine-distribution conspiracy, the district court had sufficient information to impose an enhancement for possession of a firearm and the court’s explanation of its decision, although ...

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Criminal Law: Sentencing – Enhancement – ‘Connection’ With Felony

Where defendant threatened his landlady with a gun and left several hours later with her car, a four-level sentencing enhancement for using a firearm in connection with another felony offense was appropriate even though the landlady had frequently allowed the ...

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