Eighth Circuit Case Vacated by Supremes

Tostado-Tostado v. Carlson,No. 06-6766. SUPREME COURT OF THE UNITED STATES, 2007 U.S. LEXIS 22, January 8, 2007, Decided. PRIOR HISTORY: Tostado v. Carlson, 437 F.3d 706, 2006 U.S. App. LEXIS 2645 (8th Cir. Mo., 2006) OPINION: The motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Eighth Circuit for further consideration in light of Lopez v. Gonzales, 549 U.S. , 127 S. Ct. 625 (2006).