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Criminal Law: Sentencing-Upward Variance

Where a defendant challenged his sentence for violating the terms and conditions of supervised release, the decision to vary upward was not reversible error, and neither the record nor the court’s explanation for the sentence imposed rendered the sentence substantively ...

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Criminal Law: Sentencing-Criminal History

Where a defendant who pleaded guilty to possessing a firearm as a felon argued that the district court failed to take into account the facts that he argued in the district court and claimed that the court gave undue weight ...

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Criminal Law: Plea Agreement-Failure to Secure-Effectiveness of Counsel

Where a defendant argued that his counsel was ineffective for failing to secure a plea agreement, the defendant did not show that the attorney acted unreasonably by advising his client to focus on a mental health evaluation and by failing ...

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Criminal Law: Damaging Government Aircraft-Restitution Order-Timeliness of Request

Defendant was arrested for assaulting a federal agent and damaging an aircraft in the jurisdiction of the United States after defendant opened fire on a Customs and Border Protection helicopter investigating marijuana growers. Defendant pleaded guilty to his charges and ...

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Criminal Law: Certificate of Innocence-Successive Petition-Res Judicata

Where an appellant, who achieved a reversal of convictions for federal gambling and money-laundering, petitioned for a second time for a certificate of innocence, the second petition is barred by the doctrine of res judicata, so the judgment is affirmed. ...

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Contracts: Printing Press-Fraud-Breach of Representations

Plaintiff, a commercial-printing company, purchased a commercial-grade printing press from defendant. Four years after the purchase, plaintiff filed suit, asserting a claim of fraud against defendant. Plaintiff alleged that the printing press had neither the speed nor the durability defendant ...

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Civil Rights: Dismissal-Pro Se Action

Where appellant challenged the dismissal of his pro se civil rights action, the dismissal was proper, so the judgment is affirmed. Judgment is affirmed. Sayen v. Schurrer (MLW No.74466/Case No. 19-2360 – 2 pages) (U.S. Court of Appeals, 8th Circuit, ...

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Civil Practice: Fiduciary-ERISA

Where plaintiff, who invested in an ERISA plan, argued that a service provider to the plan violated ERISA, the district court erred in finding that the provider was not a fiduciary when it set the composite crediting rate, so the ...

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