United States Eighth Circuit - April 2005 Opinion Summaries

Apex Oil Co. v. Sparks

Bankruptcy Law
Denial of plaintiff's motion to reopen its bankruptcy case, pursuant to 11 U.S.C. section 350(b), is affirmed where the bankruptcy court did not abuse...

US v. Lachowski

Criminal Law & Procedure, Remedies, Sentencing
The imposition of a restitution order, for costs incurred cleaning up toxic chemicals associated with methamphetamine production, is reversed where...

Doe v. Miller

Constitutional Law, Criminal Law & Procedure, Education Law
Iowa Code, section 692A.2A, which prohibits convicted sex offenders from residing within 2000 feet of a school or registered child care facility, does...

Finnegan v. Maire

Civil Rights, Injury and Tort Law

US v. Carlson

Criminal Law & Procedure, Sentencing
The district court did not err in restricting defendant-physician assistant, who was convicted of health care fraud, from working in the medical field...

Scott v. Fed. Reserve Bank

Banking Law, Civil Procedure
The Federal Reserve Bank of Kansas City is not an agency of the federal government for purposes of Fed. R. App. P. 4(a)(1)(B).

US v. Regenos

Criminal Law & Procedure, Sentencing
Defendant's sentence for a drug conviction is affirmed over her claim that her counsel provided ineffective assistance during the plea negotiation...

US v. Jeffries

Criminal Law & Procedure
Extending the statute of limitations period before prosecution is barred does not violate the ex post facto clause.

US v. Garcia

Criminal Law & Procedure, Sentencing
It is not harmless error to sentence a defendant under a mandatory federal sentencing guideline regime when there is no Sixth Amendment issue as to...

Neal v. Barnhart

Education Law, Government Benefits
Defendant-Commissioner's decision that plaintiff's childhood supplemental security income benefits should terminate is affirmed where her disabilities...