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   Federal Courts - 1st Circuit Court of Appeals - January 30 - February 6, 2007

  
Jeneski v. City of Worcester, No. 06-1874, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 30, 2007, Decided
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Overview: Dismissal of city employee's § 1983 suit was affirmed because executive order providing that employees of city manager's office were not subject to civil service laws, leaving them as employees at will, met rational basis test under Equal Protection Clause and, even if in violation of state law, did not deprive employee of procedural due process.

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Wilding v. CitiFinancial Consumer Fin. Servs. (In re Wilding), No. 05-9011, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 30, 2007, Decided
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Overview: Debtor could avoid a judicial lien under 11 U.S.C.S. § 522(f) even if he satisfied the lien prior to filing a motion to avoid, so long as the lien in question impaired an exemption as of the bankruptcy petition date, or the later acquired property date, as reflected in the statutory definition of "value" under 11 U.S.C.S. § 522.

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Xie Mei Zheng v. Gonzales, No. 06-1655, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 30, 2007, Decided
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Overview: Alien's petition for review of the BIA's finding that she did not qualify for asylum under 8 U.S.C.S. § 1158 was denied where the alien pointed to no record evidence that she faced a reasonable probability of persecution simply because she personally opposed China's family planning policies.

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N.H. Ins. Co. v. Dagnone, No. 06-1048, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 2, 2007, Decided
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Overview: Insurer was not responsible under marine insurance policy for covering damage to yacht from a December storm because policy excluded claims for damage occurring when a boat was being used during between October 31 and April 15 if boat was not "laid up and out of commission." The yacht was in the water when damaged and had not been fully winterized.

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Town of Norwood v. FERC, Nos. 06-1658, 06-2054, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 2, 2007, Decided
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Overview: A town's action under 16 U.S.C.S. § 824e was remanded to FERC because further consideration was required as to whether the interest rate applied to the town's contract termination charge (CTC) payments was unlawful or inconsistent with prior FERC precedent. The town's attacks on the reasonableness of the CTC formula were foreclosed by res judicata.

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United States v. Martinez-Vives, No. 05-1761, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 2, 2007, Decided
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Overview: Conviction and sentence for transporting illegal aliens, in violation of 8 U.S.C.S. § 1324, were affirmed because trial judge did not err when discussing the indictment with jury venire panel. Although judge used the word "facts," he also used the word "allegations" several times, and stated clearly that the indictment was not evidence of guilt.

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United States v. McCarty, No. 06-1683, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 2, 2007, Decided
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Overview: Motion to suppress evidence and statements was properly denied because a nighttime search was not unreasonable and statements were made when defendant was not in custody or they were not the subject of interrogation and no Miranda violations occurred; there was no double-counting error in imposing an enhancement under USSG § 2K2.1(b)(2).

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United States v. Rodriguez-Pacheco, No. 05-1815, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 5, 2007, Decided
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Overview: Sentence for possession of child pornography under the Child Pornography Prevention Act of 1996 was affirmed where there was no requirement that the government produce expert opinion testimony that a particular pornographic image was of a real, non-virtual child in order to meet its burden of proof by a preponderance of evidence at sentencing.

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United States v. Dung Vu, Nos. 06-1221, 06-1222, 06-1223, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 6, 2007, Decided
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Overview: Sentences were affirmed because the argument based on sentencing discrepancies between crack and powder cocaine was foreclosed by circuit precedent, and there was no error in the application of a four-level enhancement under USSG § 3B1.1(a) based on the finding that defendant was a leader or organizer in an extensive drug conspiracy.

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