for the Eighth Circuit

113183P.pdf   01/16/2013  United States  v.  Gilberto Baldenegro-Valdez
   U.S. Court of Appeals Case No:  11-3183
                          and No:  11-3581
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Beam, Author, with Bye and Smith, Circuit Judges]
   Criminal case - Criminal law. District court did not abuse its discretion
   by limiting the cross-examination of a cooperating government witness;
   district court did not abuse its discretion in instructing the jury on the
   cooperating witness's credibility as the instruction given fairly and
   adequately submitted the credibility issue; because defendant Baldenegro-
   Valdez's arrest was valid and he was correctly given his Miranda
   warnings, his post-arrest statements were admissible; because his arrest
   was constitutional, the search of his vehicle was valid inventory search;
   no error in denying motion in limine to exclude evidence seized from the
   vehicle or statements otherwise admissible under Rule 404(b); translated
   transcripts were properly authenticated under Rule 901(a) and were
   admissible; no error in denying motion for new trial based on claim
   cooperating witness committed perjury; no error in rejecting proposed
   instructions on "mere presence" as the issue was covered by a submitted
   instruction; no error in rejecting request for a "second conspiracy"
   instruction as it was not supported by the evidence.
  
113788P.pdf   01/16/2013  United States  v.  Robert Garcia
   U.S. Court of Appeals Case No:  11-3788
   U.S. District Court for the District of Minnesota - St. Paul   
   [PUBLISHED] [Bye, Author, with Murphy and Shepherd, Circuit Judge]
   Criminal case - Sentencing. No error in imposing enhancement under
   Guidelines Sec. 3B1.1(a) for organizer or leadership role in a offense
   involving five or more participants; no error in imposing an enhancement
   under Guidelines Sec. 2D1.1(b)(1) for possession of a firearm in
   connection with the drug offense.
  
121226P.pdf   01/16/2013  United States  v.  Willie Johnson
   U.S. Court of Appeals Case No:  12-1226
   U.S. District Court for the Eastern District of Missouri - Cape Girardeau   
   [PUBLISHED] [Riley, Author, with Smith and Colloton, Circuit Judges]
   Criminal case - Sentencing. Amendment 742 to the Guidelines is not
   retroactive; Congress has not authorized the courts to hold unlawful or set
   aside action by the Commission found to be arbitrary, capricious or an
   abuse of discretion, and the argument that the court may disregard the
   Commission's non-retroactivity determination on those grounds is
   rejected; by complying with 18 U.S.C. Sec. 3582(c) and the
   Commission's determination on retroactivity, the district court did not
   violate defendant's due process rights because Section 3582(c)(2)
   proceedings do not implicate a constitutionally protected liberty interest.
  
121850P.pdf   01/16/2013  United States  v.  Robert Cover
   U.S. Court of Appeals Case No:  12-1850
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Shepherd, Author, with Murphy and Benton, Circuit Judges]
   Criminal case - Sentencing. District court did not err in determining
   defendant's prior Nebraska conviction for sexual assault of a child under
   Neb. Rev. Stat. Sec. 28-320.01 triggered application of the ten-year
   mandatory minimum sentence under 18 U.S.C. Sec. 2252(b)(2);
   defendant waived all other challenges to his sentencing as part of his plea
   agreement, and the court would not consider them.