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| John v. Russo, No. 06-2594,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 2, 2009, Decided
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Overview: State supreme court did not unreasonably apply, or act contrary to, U.S. Supreme Court law when it found that the inmate's confession was voluntary where the state court's voluntariness analysis, consistent with Supreme Court precedent, discussed the inmate's impression of the meeting with the agent and his motivation for confessing to the agent.
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| United States v. Poland, No. 08-1203,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 2, 2009, Decided
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Overview: Where defendant was resentenced under Fed. R. Crim. P. 35(b) for his cooperation, and his resentence went below the statutory mandatory minimum for his crime under 18 U.S.C.S. ¿ 844(i), the trial court properly declined to consider factors in addition to his assistance; Fed. R. Crim. P. 35(b) had to be read in conformity with 18 U.S.C.S. ¿ 3553(e).
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| United States v. Vidal-Reyes, No. 07-2767,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 3, 2009, Decided
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Overview: Defendant's sentence was reversed and remanded because the district court erred in determining that it lacked authority to consider 18 U.S.C.S. ¿ 1028A's mandatory two-year sentence for aggravated identity theft in sentencing defendant for non-predicate crimes charged in the same indictment.
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| Yeomalakis v. FDIC, No. 08-1444,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 3, 2009, Decided
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Overview: Court refused to stay credit card holder's case to allow for administrative exhaustion of claims after FDIC receivership because the claims were either barred, unpreserved, or unpersuasive. To return case to FDIC for administrative proceedings, followed by review in federal court once again, pursuant to 12 U.S.C.S. ¿ 1821(d)(7)(A), made no sense.
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| Coquico, Inc. v. Rodriguez-Miranda, No. 07-2786,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 6, 2009, Decided
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Overview: Corporation adduced ample evidence to ground both a finding of actual copying and a finding of substantial similarity, and thus, the district court properly entered a preliminary injunction based on its finding that the corporation was likely to succeed on the merits of its copyright infringement claim under 17 U.S.C.S. ¿ 501.
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| Larngar v. Holder, No. 07-2168,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 6, 2009, Decided
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Overview: Where an alien from Liberia sought CAT relief and his untimely motion to reopen was denied, remand was warranted under 8 U.S.C.S. ¿ 1252 because the BIA apparently conflated separate inquiries and may not have applied a properly framed burden of proof; the change the alien identified, his assault victim's ascension to power, was not self-induced.
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| Weaver v. Harmon Law Offices, P.C. (In re Weaver), No. 09-8004,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 6, 2009, Decided
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Overview: Because granting leave to take a direct appeal pursuant to 28 U.S.C.S. ¿ 159(d)(2) would have presented a jurisdictional issue, making it unlikely that authorizing a direct appeal would have resulted in a definitive resolution of the underlying legal question by the court, the court denied defendants' request for leave to take a direct appeal.
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| F.A.C., Inc. v. Cooperativa De Seguros De Vida De P.R., No. 08-1576,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 9, 2009, Decided
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Overview: Sanctions award of $ 469,000 in attorneys' fees and costs for bad faith conduct was vacated because three of four reasons given for bad faith finding were erroneous. No bad faith was shown in failing to immediately write letter acknowledging fraud, in obtaining a stay of an order to write the letter, or in taking a nonfrivolous appeal of the order.
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| United States v. Gonzalez-Castillo, No. 07-2134,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 9, 2009, Decided
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Overview: Where defendant pled guilty to illegal reentry under 8 U.S.C.S. ¿ 1326 and the district court erred in stating that this was his second illegal entry, a new sentencing hearing was warranted because, under the plain error standard, there was a "reasonable probability" that, but for the error, he would have received a lesser sentence.
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| MB Joma, Inc. v. Nieves (In re MB Joma, Inc.), BAP NO. PR 08-040,
UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT, April 10, 2009, Decided
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Overview: Bankruptcy court properly determined that creditors were unsecured because cautionary notice of complaint did not create lien on debtor's property under P.R. Laws Ann. tit. 30, ¿ 2401 and they did not record state court judgment in compliance with P.R. Laws Ann. tit. 30, ¿¿ 1801-1805 to obtain lien on property under P.R. Laws Ann. tit. 30, ¿ 1806.
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