1st Circuit Court of Appeals, March, 2009, Federal Case law

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Federal Courts - 1st Circuit Court of Appeals - March 4 - March 5, 2009

River St. Donuts, LLC v. Napolitano, No. 07-2504, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 4, 2009, Decided
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Overview: Since the administrative appeals office (AAO) proffered a rational reason for its reversal in policy and because it consistently applied that policy since 2003, the court saw no reason to interfere with the AAO's change of policy regarding depreciation and its denial of the company's employment based visa application under 8 U.S.C.S. ? 1153(b)(3).

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United States v. Fanfan, No. 08-2062, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 4, 2009, Decided
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Overview: Where a federal court had authority to resentence defendant under 18 U.S.C.S. ? 3582(c)(2) as his guideline range was lowered per 28 U.S.C.S. ? 994(o), denial of reconsideration of the new sentence within the amended range was upheld as U.S. Sentencing Guidelines Manual ? 1B1.10(b)(2)(A) did not allow a reduction below the minimum of that range.

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Martex Farms, S.E. v. United States EPA, No. 08-1311, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 5, 2009, Decided
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Overview: Where commercial farm was found to have violated the FIFRA, 7 U.S.C.S. ? 136 et seq., the findings were upheld under 7 U.S.C.S. ? 136n(b); inter alia, while it complained that it was deprived of a full and fair opportunity to present its case, it received a five-day hearing, presented numerous motions, and presented 657 pages to the federal court.

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United States v. Alberico, No. 06-1502, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 5, 2009, Decided
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Overview: District court properly denied defendant's motion for judgment of acquittal based on her argument that the statute of limitations barred her money laundering conviction under 18 U.S.C.S. ? 1956 because the failure to file and report capital gains was directly relevant to the conspiracy, and thus, it affected the statute of limitations calculus.

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United States v. Upton, No. 05-1593, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 5, 2009, Decided
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Overview: Defendant deliberately chose not to request a statute of limitations jury instruction under Fed. R. Crim. P. 30(a) at the charge conference as a matter of trial strategy. The informed decision to decline to exercise the right to request a specific jury instruction was a straightforward example of an intentional relinquishment subject to waiver.

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