DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

083953P.pdf   03/30/2010  United States  v.  Kevin Joseph Fenner
   U.S. Court of Appeals Case No:  08-3953
                          and No:  08-3955
   U.S. District Court for the District of Minnesota - St. Paul   
   [PUBLISHED] [Melloy, Author, with Smith and Shepherd, Circuit
   Judges]
   Criminal case - criminal law and sentencing. Claims of prosecutorial
   misconduct in the grand jury proceedings rejected as even if the
   government's well-explained and potentially innocent misstatement was
   misconduct, the petit jury's guilty verdicts rendered the error harmless;
   claim of prosecutorial misconduct at trial rejected; constitutional
   challenge to the mandatory minimum sentences in 21 U.S.C. Sec.
   841(b)(1)(A) rejected; life sentence is not a violation of the Eighth
   Amendment's prohibition on cruel and unusual punishment; no error in
   imposing sex offender treatment as part of defendant Davis's supervised
   release based on his 1995 conviction for first degree sexual conduct;
   district court's decision to have the treatment plan "as approved by the
   probation officer" is not an abdication of judicial authority.