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| Carnero v. Boston Sci. Corp., Nos. 04-1801, 04-2291,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 5, 2006, Decided
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Overview: Court of appeals affirmed district court's judgment that 18 U.S.C.S. § 1514A did not have extraterritorial effect and that citizen of Argentina who was employed by foreign company owned by U.S. corporation was not entitled to relief under § 1514A because he complained that corporation's foreign subsidiaries were committing illegal acts outside U.S.
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| Paparo v. M/V Eternity, No. 05-1767,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 5, 2006, Decided
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Overview: Summary judgment in a negligence action under the Longshore and Harbor Workers' Compensation Act, 33 U.S.C.S. § 905(b), was reversed and remanded because the district court too readily adopted a ship owner's theory of the cause of an accident without properly drawing reasonable inferences from the evidence in favor of a longshoreman.
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| United States v. Aquino-Garcia, No. 04-1560,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 5, 2006, Decided
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Overview: Defendant's conviction for possession of stolen United States mail in violation of 18 U.S.C.S. § 1708 was affirmed because there was sufficient evidence that the Treasury check was stolen from a mailbox and defendant knew that the Treasury check was stolen.
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| United States v. Llera-Plaza, No. 05-1003, No. 05-1004,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 5, 2006, Decided
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Overview: Defendant's convictions and sentences for conspiring to possess with intent to distribute heroin in violation of 21 U.S.C.S. § 846 were affirmed because defendant understood the nature of the charges to which he pled guilty and it was not error to rely on defendant's prior conviction in sentencing him within the applicable guidelines range.
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| United States v. Pho, No. 05-2455, No. 05-2461,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 5, 2006, Decided
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Overview: District court erred as a matter of law when, in sentencing defendants who had pled guilty to possession with intent to distribute cocaine base, in violation of 21 U.S.C.S. § 841(a), it constructed a new sentencing range based on the categorical substitution of a 20:1 crack-to-powder ratio for the 100:1 ratio embedded in the Sentencing Guidelines.
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| Rosario-Urdaz v. Velazco, Nos. 04-2292, 04-2293,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 6, 2006, Decided
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Overview: A former government employee's political discrimination claim against a government official in his personal capacity under 42 U.S.C.S. § 1983 was properly dismissed on qualified immunity grounds because there was no evidence that the official's termination of the employee was politically motivated.
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| United States v. Hatch, No. 04-2140,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 6, 2006, Decided
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Overview: The denial of a judgment of acquittal motion under Fed. R. Crim. P. 29 for convictions for making false statements to the FAA in violation of 18 U.S.C.S. § 1001 was affirmed because a form was not ambiguous and defendant's answer of no change was false where he failed to previously report two convictions for driving under the influence of alcohol.
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| United States v. Washington, No. 04-1700,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 6, 2006, Decided
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Overview: Evidence was sufficient to support the jury's verdict finding defendant guilty of violations of 21 U.S.C.S. § 841 where although defense counsel had the opportunity to point out the agent's history of questionable behavior, the jury nevertheless found the agent credible, and that plausible credibility determination could not be disturbed on appeal.
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