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

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Federal Courts - 1st Circuit Court of Appeals - March 19 - March 25, 2008

De Oliveira v. Mukasey, Nos. 07-1642, 07-1643, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 19, 2008, Decided
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Overview: Petitions by an alien and his son for review of an IJ's denial of withholding of removal or CAT protection were denied as the denial was supported by substantial evidence; though the alien suffered death threats while he ran for mayor, no overt action was taken, they ceased while he was gone, and his family remaining in Brazil had not been harmed.

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Sullivan v. Greenwood Credit Union, No. 07-2354, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 19, 2008, Decided
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Overview: The term "firm offer of credit" under 15 U.S.C.S. ? 1681n(a) did not require the offeror include additional terms other than the pre-selection criteria, and thus, the credit union's offer was a firm offer of credit and did not violate the FCRA. Thus, the entry of judgment for the credit union was affirmed.

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United States v. Ayala-Tapia, No. 06-2781, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 19, 2008, Decided
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Overview: Defendant was properly convicted of importing, and possessing with intent to distribute, heroin, violations of 21 U.S.C.S. ?? 841(a)(1), 952(a), and the safety valve exception to the mandatory minimum sentence was properly denied, as the jury could plausibly have inferred her guilty knowledge that the packages she was carrying contained heroin.

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Aragon-Munoz v. Mukasey, No. 06-2776, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 21, 2008, Decided
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Overview: BIA did not abuse its discretion in denying motion to reopen because alien failed to meet his burden under 8 U.S.C.S. ? 1229a(b)(5)(C)(ii) of demonstrating that he did not receive notice to appear (NTA) for removal hearing. The alien introduced no affirmative evidence as to where he was living when the NTA was sent to most recent address provided.

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Damon v. Moore, No. 07-1365, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 21, 2008
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Overview: District court's dismissal of plaintiff sergeant's defamation claim was affirmed. A reasonable viewer could not construe the sergeant's appearance in a documentary, via a sixteen-second segment of an interview, as supportive of the defendant director's anti-war message.

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United States v. Belton, No. 07-1190, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 21, 2008, Decided
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Overview: Defendant's motion to suppress evidence of drugs, weapons, and cash found in his residence was properly denied because the district court correctly found that facts omitted from a search warrant application were insufficient, had they been included, to cause the affidavit to fall short of demonstrating probable cause.

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United States v. Martin, No. 06-1983, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 21, 2008, Decided
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Overview: Sentence for conspiracy to distribute cocaine, containing 91-month downward deviation from bottom of USSG range, was affirmed in light of United States v. Gall because sentencing court took full account of USSG, considered all factors enumerated in 18 U.S.C.S. 3553(a), and pondered prospect of defendant's rehabilitation and relative culpability.

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United States v. Rogers, No. 06-2532, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 25, 2008, Decided
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Overview: District court properly denied defendant's motion to suppress the videotape because the warrant authorized the seizure of all "photos of DW" and since given the current state of technology, the term "photos" reasonably included images captured on videotapes, it was reasonable to believe that the seized videotapes could have contained photos of DW.

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Wheeler v. Blumling, No. 07-1992, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 25, 2008, Decided
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Overview: Summary judgment was properly granted to a lender on a breach of guaranty agreement claim against a loan broker as, though the broker claimed that the purpose of the contract was frustrated by a bond broker who misappropriated the loan proceeds, the obligation to repay did not depend on the success of the venture for which the money was borrowed.

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