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

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Federal Courts - 1st Circuit Court of Appeals - April 13 - April 22, 2009

Aronov v. Napolitano, No. 07-1588, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 13, 2009, Decided
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Overview: An award of attorneys' fees under the EAJA was reversed because an alien, who sued to compel the USCIS to act pursuant to 8 U.S.C.S. ? 1447(b), was not a prevailing party based on the district court's entry of a remand order on the parties' joint motion, and because the USCIS's position in requiring an FBI name check was substantially justified.

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Essex Ins. Co. v. BloomSouth Flooring Corp., No. 06-2750, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 16, 2009, Decided
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Overview: Insurer had duty to defend under commercial general liability policy because allegations in underlying complaint were reasonably susceptible to interpretation that they stated covered claims and those allegations did not prove applicability of business risk exclusions. Court ruled that presence of permeating odor may constitute "physical injury."

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United States v. Mangual-Santiago, No. 07-1912, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 17, 2009, Decided
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Overview: Defendant failed to show two separate drug-distribution conspiracies and that prosecution of first one was barred by 18 U.S.C.S. ? 3282 statute of limitations because even if conspirators refrained temporarily from engaging in drug transactions, that did not constitute termination of conspiracy, and evidence established overlap among participants.

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United States v. Vasco, No. 07-1520, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 17, 2009, Decided
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Overview: Defendant's conviction and sentence for using interstate commerce facilities in the commission of murder-for-hire of his wife and daughter under 18 U.S.C.S. ? 1958 were upheld because he was properly denied an entrapment instruction, the evidence was sufficient, and the convictions were properly grouped separately based on the two intended victims.

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United States v. Am, No. 07-2794, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 21, 2009, Decided
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Overview: Defendant's presence in a high-crime area, his gang affiliation, past criminal conduct, proclivity to carry a gun, and probationary status, combined to establish a reasonable suspicion necessary to conduct a Terry stop, and the Fourth Amendment did not require the suppression of evidence seized in a pat-frisk that was within the scope of the stop.

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United States v. Scott, No. 07-2232, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 22, 2009, Decided
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Overview: Sufficient evidence supported conviction on felon-in-possession charge under 18 U.S.C.S. ? 922(g)(1) because, although defendant was in prison when shotgun was found in his sister's closet, reasonable jury could find beyond reasonable doubt that defendant, who told his sister in phone call to hide "long one," had constructive possession of weapon.

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