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8th U.S. Circuit Court of Appeals

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Methamphetamine; ‘Organizer’

Where the District Court applied a four-level increase to the sentence of a criminal defendant based on a finding that he was an “organizer” of a criminal activity involving five or more people, the evidence showed that defendant recruited other ...

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Right to Call; Fifth Amendment

Where a criminal defendant did not meet his burden of showing that testimony of a witness, who also faced charges arising from the drug transaction, would be material and favorable to his defense, the District Court did not violate the ...

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Enhancement; Career Offender

Where a District Court applied a career-offender enhancement to defendant’s sentence for pleading guilty to 11 robberies based on five prior robbery convictions, the previous convictions did not occur on the same occasion and were not part of a common ...

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8th U.S. Court of Appeals

Civil Opinions BANKRUPTCY Turnover Duty; Possession; Check Funds Where a Chapter 7 debtor?s petition did not list several checks which had been written prior to his filing but not yet honored, the trustee could not compel the debtor to turn ...

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8th U.S. Court of Appeals

BANKRUPTCY Foreclosure Sale; Property Transfer; Motion To Set Aside Where a debtor moved to set aside a property transfer from a foreclosure sale, the grant of the debtor’s request must be reversed and remanded for the District Court to determine ...

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8th Circuit Court of Appeals

BANKS AND BANKING Financial Institution Bond; Forgery Where bank held a standard financial institution bond for indemnification against loans secured by a forged signature, the District Court properly found that the bank was not covered for losses sustained when a ...

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8th U.S. Circuit Court of Appeals

ADMINISTRATIVE Fish and Wildlife; Goose Hunting; Use of Land Where landowners sought a declaratory judgment regarding the use of their land for goose hunting following decisions of the U.S. Fish and Wildlife Service, the agency’s determinations were not shown to ...

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8th U.S. Circuit Court of Appeals

CIVIL OPINIONS Civil Practice Release Where a plaintiff settled and signed a release in his medical malpractice case against his doctors, the doctors could assert the release and settlement as an affirmative defense that precluded plaintiff’s mother from bringing a ...

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