1st Circuit Court of Appeals, February, 2008, Federal Case law

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Federal Courts - 1st Circuit Court of Appeals - February 22 - February 29, 2008

DeMayo v. Nugent, No. 07-1623, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 22, 2008, Decided
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Overview: Dismissal on the basis of qualified immunity was reversed because district court erred in its analysis of whether the right that troopers violated was clearly established. Troopers were on notice that, under the Fourth Amendment, they needed either a warrant or probable cause plus exigent circumstances in order to make a lawful entry into a home.

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United States v. Lewis, No. 07-1249, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 22, 2008, Decided
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Overview: In prosecution for false statements in firearm applications, denial of defendant's motion for discovery in aid of selective prosecution theory was proper because the district court properly configured the pool of similarly situated offenders with reference to the nature and numerosity of their offenses and incidence of possible links to terrorism.

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Lessard v. Wilton-Lyndeborough Coop. Sch. Dist., No. 07-1860, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 25, 2008, Decided
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Overview: IEP was proper because school district and state educational agency fulfilled their responsibilities under the IDEA, 20 U.S.C.S. ?? 1400-1491, delays complained of in finalizing the IEP were attributable to the parents and, thus, afforded no grounds for relief, and the IEP at issue satisfied the applicable statutory imperatives.

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United States v. Cardona-Sandoval, No. 07-1748, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 25, 2008, Decided
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Overview: Denial of defendant's Fed. R. Crim. P. 41(g) motion for return of his property, including personal articles, was vacated as the Government's response made no reference to any of the property specifically identified in defendant's request and it provided no information as to how or when defendant was notified that his property would be destroyed.

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Muniz v. Sabol, Nos. 06-2692, 06-2693, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 26, 2008, Decided
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Overview: As individualized consideration of the 18 U.S.C.S. ? 3621(b) factors was directed at the overall placement decision, and as the question of the appropriateness of halfway house placement for inmates during the first 90 percent of their sentences was a generally applicable issue, 28 C.F.R. ?? 570.20-21 were a reasonable exercise of the BOP's duties.

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Sch. Union No. 37 v. Ms. C., No. 06-2261, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 26, 2008, Decided
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Overview: Where a school union sued under the IDEA, 20 U.S.C.S. ?? 1400-1490, per 20 U.S.C.S. ? 1415(i)(2)(B) after a mother and son were reimbursed per Me. Rev. Stat. Ann. tit. 20-A, ?? 5203.4, 5204.4, 5804, 5805 for room, board, and transportation costs for the son's out-of-state education, judgment in its favor was proper as the suit was barred by laches.

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Cerqueira v. Am. Airlines, Inc., No. 07-1824, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 29, 2008, Entered
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United States v. Pridgen, No. 06-2595, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 29, 2008, Decided
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Overview: District court erred during defendants trial on a charge alleging that he was a felon in possession of a firearm and ammunition, in violation of 18 U.S.C.S. ? 922(g)(1), when it excluded evidence that a Government witness gave a different description of defendant when she was interviewed by a defense investigator. However, the error was harmless.

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United States v. Ward, No. 06-2354, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 29, 2008, Decided
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Overview: Record of the state proceedings included the affirmative showing required by the United States Supreme Court in Boykin that defendant's plea was entered voluntarily. Given that showing, the district court was entitled to impose a sentence that included the statutory enhancement under 21 U.S.C.S. ? 851(b)(1)(A).

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