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

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Federal Courts - 1st Circuit Court of Appeals - April 23 - April 28, 2009

Barzola Becerra v. Holder, No. 08-1908, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 23, 2009, Decided
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Centennial Ins. Co. v. Patterson, No. 08-1521, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 23, 2009, Decided
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Overview: Based on the allegations in an underlying complaint against an insured, a policy of insurance potentially covered the claims against the insured, and therefore, the insurer had a duty to defend its insured. Because the insurer had a duty to defend, the district court correctly granted summary judgment for the insured.

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Melton v. Russo, No. 07-2688, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 23, 2009, Decided
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Mukasa v. Holder, No. 08-1875, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 23, 2009, Decided
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United States v. Pinillos, No. 07-2442, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 23, 2009, Entered
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United States v. Pinillos, No. 07-2442, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 23, 2009, Entered
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United States v. Stallings, No. 08-1246, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 23, 2009, Decided
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Whitfield v. Municipality of Fajardo, No. 08-1004, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 23, 2009, Decided
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Overview: Court lacked appellate jurisdiction under 28 U.S.C.S. ? 1291 to review order requiring municipality to pay funds into registry of court for payment of judgment under P.R. Laws Ann. tit. 32, ?? 3085 to 3092, because that order was a deposit order, not an enforcement order directing payment from one party to another, and was inherently interlocutory.

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United States v. Calderon-Pacheco, Nos. 08-1193, 08-1194, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 24, 2009, Decided
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Overview: Defendant's waiver of his right to appeal was enforced and his appeals were dismissed where the error alleged by defendant was a garden-variety claim that the sentencing court misunderstood the preferred approach to consecutive versus concurrent sentences under the advisory guidelines, and that claim was subject to the usual forfeiture principles.

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Lykus v. Corsini, No. 08-2425, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 28, 2009, Decided
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