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

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Federal Courts - 1st Circuit Court of Appeals - March 26, 2008

Puerto Rican Ass'n of Physical Med. & Rehab., Inc. v. United States, No. 07-2476, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 26, 2008, Decided
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Overview: Where doctors and patients challenged an administrative regulation that limited Medicare reimbursement for physical therapy services, their suit was properly dismissed because they had not exhausted administrative remedies pursuant to 42 U.S.C.S. ?? 1395ff(b)(a)(A), 405(h); review was not being precluded-merely postponed-until a claim was denied.

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Qun Lin v. Mukasey, No. 07-1658, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 26, 2008, Decided
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Overview: A native and citizen of the People's Republic of China who claimed that he was persecuted because he practiced Falun Gong was properly denied asylum, withholding of removal, and CAT relief as an adverse credibility finding, as governed by the Real ID Act of 2005, 8 U.S.C.S. ? 1158(b), was proper given internal contradictions in his testimony.

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United States v. Colon-Diaz, No. 06-2550, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 26, 2008, Decided
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Overview: Defendant's drug-related convictions were affirmed because his individual complaints as to evidentiary rulings under Fed. R. Evid. 403 and Fed. R. Evid. 801(d)(2)(E) and Jencks Act error were rejected and the court did not find substantial prejudice. Therefore, his convictions were not tainted by cumulative error.

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United States v. Lachman, Nos. 06-1058, 06-1060, 06-1061, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 26, 2008, Decided
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Overview: Appellate court denied the president's motion for a new trial under Fed. R. Crim. P. 33 based on evidence that they discovered post-trial because the foundation for a good-faith defense based on an exclusive use reading was simply absent and the president could not now credibly proffer testimony tailored to fit newly developed evidence.

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United States v. Piesak, No. 07-2164, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 26, 2008, Decided
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Overview: Sufficient evidence supported defendant's conviction for attempting to manufacture ecstasy pursuant to 21 U.S.C.S. ? 846 because she, at one point, possessed all of the necessary chemicals, conducted significant research regarding the process, tested and assembled laboratory equipment, and admitted to intending to make the drug inside her house.

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