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Habeas Petition in Sexual Assault Matter Denied, and Criminal and Employment Matters

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By FindLaw Staff on August 20, 2010 10:39 AM

In O'Meara v. Feneis, No. 09-2161, a prosecution for second-degree criminal sexual assault, the court affirmed the denial of petitioner's habeas petition, holding that the Minnesota Court of Appeals' decision that Blakely did not apply retroactively to the determination of petitioner's sentence was not contrary to, and did not involve an unreasonable application of, clearly established federal law.

Brown v. Kansas City Freightliner Sales, Inc., No. 09-3324, involved an action alleging failure-to-reinstate and wrongful termination claims under the Family and Medical Leave Act (FMLA).  The court affirmed summary judgment for defendant on the ground that plaintiff's FMLA notice was inadequate, defendant's FMLA duties were not triggered, and the district court's grant of summary judgment was appropriate.

In US v. Townsend, No. 09-3175, the court affirmed defendant's bank robbery sentence, holding that the district court was clearly aware of the facts alleged by defendant and took them into account, and on the existing record, defendant was required to show more than the fact that the district court disagreed with his view of what weight ought to be accorded certain sentencing factors.

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