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

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Federal Courts - 1st Circuit Court of Appeals - April 29 - May 1, 2009

Onwuamaegbu v. Holder, No. 08-2174, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 29, 2009, Decided
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Quinones v. United States, No. 08-1885, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 29, 2009, Decided
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Overview: A veteran's FTCA, 28 U.S.C.S. ? 2671 et seq., case was properly summarily dismissed because it was time-barred; the veteran, pursuant to 28 U.S.C.S. ? 2401(b), had two years to present his claim in writing to the appropriate federal agency once he learned that he received an alleged improper schizophrenia diagnosis, but he failed to do so.

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United States v. Azubike, No. 08-1493, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 29, 2009, Decided
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Overview: Conviction for conspiring to distribute heroin and possessing heroin with intent to distribute, in violation of 21 U.S.C.S. ?? 841(a)(1) and 846, was affirmed because district court properly gave a willful blindness instruction, supported by sufficient facts surrounding defendant's receipt of briefcase with secret compartments containing heroin.

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United States v. Saccoccia, No. 06-2121, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 29, 2009, Decided
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Overview: Defendant had no right to counsel under the Fifth or Sixth Amendments in a proceeding to forfeit substitute assets. It made no difference that the substituted property could have been forfeited in the initial forfeiture. Property that the government could have forfeited earlier and seized as tainted could still be reached by 18 U.S.C.S. ? 1963(m).

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United States v. Riquinha, No. 07-2690, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 30, 2009, Decided
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Overview: Defendant's sentence was affirmed. The district court did not commit error in imposing an obstruction-of-justice enhancement; the district court made specific findings that defendant aided his co-defendant in absconding from pre-trial confinement, which findings were legally sufficient to warrant imposition of the enhancement under USSG ? 3C1.1.

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Fiumara v. President & Fellows of Harvard College, No. 08-1129, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 1, 2009, Decided
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Grimsdale v. Kash N' Karry Food Stores, Inc. (In re Hannaford Bros. Customer Data Sec. Breach Litig.), No. 09-1393, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 1, 2009, Decided
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Overview: Application of home state exception to federal jurisdiction under the Class Action Fairness Act of 2005 (CAFA), Pub. L. No. 109-2, 119 Stat. 4, did not depend on a broader assessment of the claims brought by others who did not fall within the complaint's class definition, and the plaintiff's class allegations were not improperly limited.

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