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May 17, 2005

There the 8th Circuit goes again

Another working day means another handful of Eighth Circuit sentencing opinions.  (My count suggests the Eighth Circuit may now have over 100 post-Booker dispositions under its belt; just some recent evidence of its busy ways are here and here and here and here and here).  Thankfully, the Eighth is the one circuit which provides official summaries of its dispositions on its opinion page, and I can thus provide a quick overview of its (fairly routine) dispositions today with the help of my friends cut and paste:

US v. Menteer, No. 03-1162 (8th Cir. May 17, 2005) (available here): On remand from the Supreme Court for further consideration in light of Shepard v. United States, 125 S.Ct. 1254 (2005). Armed Career Criminal Act sentence was imposed based on defendant's own admissions, and the court's earlier decision affirming defendant's sentence is unaffected by Shepard. [PUBLISHED] [Per Curiam - M. Arnold, Beam and Bye, Circuit Judges]

US v. Galvan, No. 04-1331 (8th Cir. May 17, 2005) (available here): District court did not abuse its discretion in limiting defendant's re-cross examination of a witness; expert testimony on meth production was not redundant and was relevant; district court did not err in when it instructed the jury using only the language of the charging statute - 21 U.S.C. Sec. 841(c)(2); no error in imposing enhancement for reckless endangerment based on defendant's attempt to flee police custody or in denying a downward adjustment based on Guidelines Sec. 2D1.1(b)(2); remand under Booker is not required. [PUBLISHED] [M. Arnold, Author, with Bright and Fagg, Circuit Judges]

US v. Romero, No. 04-1806 (8th Cir. May 17, 2005) (available here):  District court did not abuse its discretion in sentencing defendant at the top of the sentencing range. [UNPUBLISHED] [Per Curiam - Murphy, Fagg and Benton, Circuit Judges]

May 17, 2005 at 03:29 PM | Permalink


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