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8th U.S. Circuit Court of Appeals

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Criminal Law: Sentencing – Guidelines Range

Where the district court increased the offense level of a criminal defendant in a fraud case on the ground that the conspiracy involved “the production or trafficking” of a counterfeit access device, the court should not have applied the enhancement ...

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Criminal Law: Sentencing – Enhancements – Prior Conviction

Where a defendant who pleaded guilty to receipt of material involving the sexual exploitation of minors had a 1968 state conviction for committing lascivious acts with children, the district court did not err in concluding that the prior conviction triggered ...

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Criminal Law: Heroin Death – Drug Distribution – Scope Of Cross Examination

Where a defendant, who was convicted on charges that he distributed heroin resulting in death, appealed the limitation of his cross examination of government witnesses, continued cross examination would have added only marginally to any impeachment that the defendant hoped ...

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Criminal Law: Drug Conspiracy – Sequestration Order – Hearsay

Where defendants facing drug conspiracy charges argued they were prejudiced because their ability to test the veracity of witnesses through cross examination was compromised by the witnesses’ conversations with each other, the district court did not abuse its discretion in ...

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Civil Practice: Truth-In-Leasing Law – Statute Of Limitations – Damage Claims

Where owner-operators of leased trucks sued a motor carrier claiming violations of the Truth-in-Leasing regulations, the district court erred in dismissing Claims I and II because damage actions under the statute are subject to a four-year statute of limitations. Judgment ...

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

Post-arrest silence; methamphetamine 07-3361 United States of America, Plaintiff-Appellee, v. Natasha L. Gentry, Defendant-Appellant Appeal From: U.S. District Court for the Western District of Missouri Submitted: April 17, 2008 Filed: Feb. 9, 2009 Before: Judges Loken, Gibson and Melloy Opinion ...

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8th U.S. Circuit Court of Appeals: Civil practice

Timeliness; equitable tolling 07-3548 Firstcom Inc., a Minnesota Corporation, Appellant, v. Qwest Corp., a Colorado Corporation, Appellee Appeal From: U.S. District Court for the District of Minnesota Submitted: June 9, 2008 Filed: Feb. 9, 2009 Before: Judges Murphy, Bye and ...

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