for the Eighth Circuit

113260U.pdf   10/02/2012  United States  v.  Justin Ray
   U.S. Court of Appeals Case No:  11-3260
   U.S. District Court for the Northern District of Iowa - Cedar Rapids   
   [UNPUBLISHED] [Per Curiam. Before Melloy, Beam, and Benton,
   Circuit Judges]
   Criminal Case - sentence. Ray does not object to enhancement for
   obstructing justice but appeals the denial of an adjustment for
   acceptance of responsibility. Case is not extraordinary and district
   court did not clearly err in denying acceptance of responsibility
   adjustment.
  
113718P.pdf   10/02/2012  United States  v.  Joseph Joshua Jackson
   U.S. Court of Appeals Case No:  11-3718
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Loken, Author, with Beam, Circuit Judge, and Perry,
   District Judge]
   Criminal Case - Indian Country. District court's determination as a
   matter of law that offense occurred on privately owned land but within
   Indian country was based on a record consisting of little more than the
   statute's text and was prejudicial error. Section 1 and Section 5 of the
   1905 Act do not provide clear and plain evidence of congressional intent
   to diminish the Red Lake Reservation's boundaries by the grant of
   Reservation acreage to expand the railroad's terminal facilities, but the
   district court did not consider whether diminishment extended to land
   beyond the minimum needed for a railroad's right of way. Thus the
   district court erred in precluding Jackson's Indian country defense and he
   should be granted an opportunity to withdraw his guilty plea consistent
   with his conditional plea agreement.
  
121270U.pdf   10/02/2012  United States  v.  Joshua Lowe
   U.S. Court of Appeals Case No:  12-1270
   U.S. District Court for the Western District of Arkansas - El Dorado   
   [UNPUBLISHED] [Per Curiam. Before Wollman, Loken, and Murphy,
   Circuit Judges]
   Criminal Case - appeal waiver. Appeal waiver is enforced, as
   enforcement will not result in a miscarriage of justice, for an allegation
   that sentencing judge misapplied the guidelines and for sentence that was
   within the advisory guideline range.
  
121300P.pdf   10/02/2012  United States  v.  Jerry Franklin
   U.S. Court of Appeals Case No:  12-1300
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Chief Judge Riley, Author, with Smith, and Colloton,
   Circuit Judges]
   Criminal Case - sentence. District court's sentence of 108 months
   above advisory guidelines under USSG sec 5K2.2 and 2A2.2 after
   Franklin drove a truck into the path of a parked police care while
   intoxicated on methamphetamine and severely injuring police officer was
   in the form of a variance and was not an abuse of discretion. Ample
   evidence suggests Franklin knowingly risked injuring officers and
   although district court did not refer to Franklin's state of mind and
   whether he intended the injury, the court did not plainly err in explaining
   the reasons for the variance or departure. Sentence was not substantively
   unreasonable.