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| Attia v. Gonzales, No. 06-1065,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 16, 2007, Decided
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Overview: Petition for review was denied because the evidence of alleged mistreatment presented by an alien, a Coptic Christian and citizen of Egypt, did not amount to persecution and the alien failed to show a likelihood of future persecution, and having failed to meet the asylum standard, he necessarily failed to meet the withholding of removal standard.
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| United States v. JG-24, Inc., No. 04-2577,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 16, 2007, Decided
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Overview: A judgment against fiberglass manufacturers for hazardous-substance removal costs under CERCLA and civil penalties for failing to comply with an information request under RCRA was affirmed because the manufacturers failed to raise arguments below and only plain error review applied, and they failed to show error that was clear or obvious.
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| United States v. Pesaturo, No. 04-1285,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 16, 2007, Decided
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Overview: Defendant's conviction for conspiring to evade excise taxes and evading federal excise taxes on sales of kerosene, in violation of 26 U.S.C.S. § 7201, was affirmed because, although 26 U.S.C.S. § 4041 and regulations governing fuel taxes were in transition during relevant period, defendant was liable for taxes on kerosene under the new amendments.
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| United States v. Rivera-Rivera, No. 05-1567,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 16, 2007, Decided
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Overview: Defendant's convictions for violations of 21 U.S.C.S. § 846 and 18 U.S.C.S. § 924(c) were affirmed because defendant, a corrupt police officer, could not persuasively complain about admission of Fed. R. Evid. 404(b) bad acts evidence, given that it was the defense which elicited it in the course of its cross-examination of a cooperating witness.
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| United States v. Trainor, No. 05-1553,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 16, 2007, Decided
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Overview: Appellant's duplicity and variance claims failed because the facts as alleged and proven at trial permitted the jury's finding, guided by the district court's extended instruction on the government's burden to prove the existence of one overall conspiracy, that a single conspiracy to commit wire fraud in violation of 18 U.S.C.S. § 371 existed.
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| Kibbe v. Sumski (In re Kibbe), BAP NO. NH 06-019,
UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT, February 20, 2007, Decided
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Overview: Income component of "projected disposable income" as set forth in 11 U.S.C.S. § 1325(b)(1)(B) was anticipated actual income of debtor, subject to the Income Exclusions, during the plan commitment period. Object was to reach a reality-based determination of debtor's capabilities to repay creditors. Order denying plan confirmation was affirmed.
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| Acevedo-Luis v. Pagan, No. 06-1567,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 21, 2007, Decided
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Overview: $5,000 punitive damages award to employee who proved political discrimination in 42 U.S.C.S. § 1983 action was affirmed on employee's appeal because employee claimed emotional damages, but no loss of pay, and offered only his own testimony as to feeling useless and humiliated in make-work job.
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| First Med. Health Plan, Inc. v. Vega-Ramos, No. 06-1514,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 22, 2007, Decided
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Overview: A preliminary injunction to require a heath insurance provider to participate in a prescription drug coverage program for Medicare and Medicaid eligible residents was vacated; the rejection was authorized under Medicaid law and in accordance with P.R. Laws Ann tit. 24, § 7033(c), which was outside 42 U.S.C.S. § 1395w-26(b)(3)'s preemptive scope.
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