as a courtesy to the reader. They are not part of the opinion of the court.
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.