Where a defendant who pleaded guilty to conspiracy to distribute cocaine base was sentenced to the mandatory minimum of 120 months, the defendant’s due process challenge to the mandatory minimum sentence is foreclosed by the court’s decision in U.S. v. ...Read More »
(1)Where officers found an electronic digital scale, jeweler-sized bags and a razor blade with cocaine residue when executing a search warrant, a reasonable officer would believe that the defendant was engaged in drug trafficking so the incriminating nature of a ...Read More »
(1)Where the prosecutor asked a defendant on trial for drug charges direct questions about her post-Miranda silence and elicited responses about her requests for counsel, her post-arrest silence was not a proper subject for examination and the defendant was prejudiced ...Read More »
Where several police officers and 12 cooperating witnesses testified about defendant’s selling of crack cocaine and cash, cocaine and other drug evidence was seized from the residence from which the defendant ran, the evidence was sufficient to support the defendant’s ...Read More »
Where a competitive local carrier sued an incumbent local carrier alleging violations of telecommunications laws, the district court properly dismissed the plaintiff’s federal claim because it was untimely and equitable tolling was not applicable, and the plaintiff did not support ...Read More »
Surety bonds; attorney’s fees Â 07-1547 Spirtas Co., doing business as Spirtas Wrecking Co., formerly known as Arnold R. Spirtas Co.; Spirco Environmental Inc., formerly known as Spirco Services Inc.; Spirtas Industrial Services Inc.; Service Contractors Inc.; Abatement Services Inc.; ...
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Medicare reimbursement; settlement Â 08-1983 Dolores Mathis; Dawn Michelle Phillips; Patricia Ann Zollars; Kimberly Maria Webb; Christopher Mathis; Timothy Cooper Mathis; Jennifer Nicole Parrish, Appellants, v. Michael O. Leavitt, Secretary, Department of Health and Human Services, Appellee Appeal From: District ...
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Death penalty; mental retardation Â 07-2385 Andrew Sasser, Appellant, v. Larry Norris, Director, Arkansas Department of Corrections, Appellee Appeal From: U.S. District Court for the Western District of Arkansas Submitted: Sept. 25, 2008 Filed: Jan. 23, 2009 Before: Judges Riley, ...
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Income tax; refund action Â 08-1638 General Mills Inc. & Subsidiaries, Plaintiff-Appellee, v. U.S., Defendant-Appellant Appeal From: U.S. District Court for the District of Minnesota Submitted: Nov. 14, 2008 Filed: Jan. 26, 2009 Before: Judges Wollman, Beam and Benton Opinion ...Read More »