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| Hoxha v. Gonzales, No. 05-1454,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 3, 2006, Decided
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Overview: Court upheld an immigration judge's ruling denying an applicant's asylum petition because the accounts on which the applicant was relying in claiming that he was persecuted in his home country were inconsistent and unworthy of belief and because the court's ability to directly review ruling meant that claim of improper streamlining was irrelevant.
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| Ramirez v. Arlequin, No. 05-1494,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 3, 2006, Decided
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Overview: The court reversed the dismissal of a First Amendment claim of plaintiffs, who were hired by a previous administration to perform work that they performed for which they were refused to be paid by a new administration, because no legitimate policy-making interest appeared on the face of the complaint and the claim was a routine retaliation claim.
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| United States v. Caraballo, No. 05-2361,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 3, 2006, Decided
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Overview: Defendant's 9-year sentence, 3 1/2 years below the bottom of the advisory U.S. Sentencing Guideline sentencing range, was not unreasonably high in light of the relevant statutory factors in 18 U.S.C.S. § 3553(a). The career offender guideline, U.S. Sentencing Guidelines Manual§ 4B1.1, was properly applied.
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| United States v. Ortiz, No. 05-1718,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 3, 2006, Decided
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Overview: While the district court was not bound by the U.S.S.G. after Booker in determining a reasonable sentence, the statute of conviction did not leave open the possibility of a sentence based on a quantity of drugs less than that involved in the crimes that defendant committed. Accordingly, defendant's sentence, as well as his convictions, stood.
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| Gonzalez-Ruiz v. Doral Fin. Corp. (In re Gonzalez-Ruiz), BAP NO. PR 05-026,
UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT, May 4, 2006, Decided
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Overview: A bankruptcy court properly dismissed the debtors' fourth Chapter 13 case where the case had been filed to circumvent the court's orders in the debtors' third bankruptcy case. An order barring the debtors from filing another petition for 180 days was affirmed as the ban was to prevent an abuse of process.
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