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   Federal Courts - 1st Circuit Court of Appeals - April 28 - April 29, 2008

  
Hannon v. Beard, No. 07-2272, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 28, 2008, Decided
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Overview: Because an assertion of personal jurisdiction over the Secretary of the Pennsylvania DOC was authorized by the Massachusetts long-arm statute, and because it comported with constitutional due process, the appellate court reversed the district court's order dismissing the inmate's claims against the Secretary for lack of personal jurisdiction.

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United States v. Whitney, No. 07-1934, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 28, 2008, Decided
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Overview: District court did not plainly err when it allowed evidence under Fed. R. Evid. 404(b) concerning defendant's arrest on the protective order to be brought out at trial because evidence of his arrest three weeks before he completed the form was relevant to show that he was aware of the protective order against him at the time he signed the form.

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Vallejo Piedrahita v. Mukasey, No. 07-1850, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 28, 2008, Decided
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Overview: Petition for review of the BIA's dismissal of his asylum claim under 8 U.S.C.S. ¿ 1158 was denied where the alien failed to address the substance of the BIA's adverse credibility determination, and because it was the obligation of one who appealed to address the evidence, the alien abandoned his opposition to the adverse credibility determination.

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Pulisir v. Mukasey, No. 07-1356, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 29, 2008, Decided
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Overview: Request of an alien, an Indonesian national, for a petition for review of the denial of withholding of removal per 8 U.S.C.S. ¿ 1231(b)(3), which he sought based on his Christian faith, was denied as contextual considerations did not convert disagreeable events into persecution and he did not demonstrate a nexus between incidents and his religion.

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United States v. Innarelli, No. 06-2400, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 29, 2008, Decided
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Overview: Remand was ordered for recalculation of restitution in "land-flipping" scheme, pursuant to 18 U.S.C.S. ¿ 3663A of Mandatory Victims Restitution Act, because district court appeared to have erroneously based some or all awards on intended loss rather than on victims' actual loss, and to have taken into account individual victims' emotional damages.

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United States v. Marti-Lon, No. 07-1040, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 29, 2008, Decided
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Overview: Defendant's 96-month sentence based on unlawful distribution of prescription drugs, 21 U.S.C.S. ¿¿ 331(b) and 333(b)(1)(D), and related crimes was proper because there was no bad faith or impermissible motive in prosecution's decision not to request a downward departure for cooperation under USSG ¿ 5K1.1, and the loss calculation was appropriate.

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