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   Federal Courts - 1st Circuit Court of Appeals - May 5, 2006

  
Joumaa v. Gonzales, No. 05-2266, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 5, 2006, Decided
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Overview: Petition for review failed when alien's motion to reopen removal proceeding was untimely under 8 U.S.C.S. § 1229a(c)(7)(C)(i). Congress did not make any exception to the 90-day filing rule for a claim that was based on a new decision of law issued after the 90-day period had expired.

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Lawrence v. Gonzales, No. 05-1960, No. 05-2147, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 5, 2006, Decided
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Overview: Petition for review was denied because the BIA was correct that the alien was ineligible for relief under 8 U.S.C.S. § 1182(c) (repealed 1996) since he pled guilty after the statute's repeal; the claims raised in his habeas petition that were not raised before the BIA were unexhausted; remand as to length of detention would have been fruitless.

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United States v. Coccia, No. 03-1674, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 5, 2006, Decided
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Overview: Impoundment of defendant's car did not violate the Fourth Amendment merely because there was no evidence that the impoundment was done pursuant to pre-existing police protocols, and the decision to tow defendant's car from the doctor's property was reasonable under the community caretaking exception.

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United States v. Maldonado-Garcia, No. 04-2674, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 5, 2006, Decided
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Overview: Where a gun was found in the truck defendant was borrowing, there was sufficient evidence that defendant constructively possessed the gun found in the truck under 18 U.S.C.S. §§ 922 and 924 because, inter alia, he had sole possession of the truck during the relevant evening and the revolver was within easy reach and in plain sight.

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United States v. Mateo, No. 05-1805, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 5, 2006, Decided
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Overview: Defendant's sentence for illegal reentry in violation of 8 U.S.C.S. § 1326(b)(2) was affirmed because any error in sentencing him above the applicable guideline sentencing range without providing him with pre-hearing notice under Fed. R. Crim. P. 32(h) was not "plain" under Fed. R. Crim. P. 52(b).

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United States v. Monteiro, No. 05-2283, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 5, 2006, Decided
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Overview: Guns obtained in a vehicle stop were properly suppressed. Minimally corroborated tip that vehicle's driver was connected with a shooting did not alone provide reasonable suspicion for the vehicle stop a week after the tip, and police investigation had undermined the tip's reliability so that totality of the circumstances did not support the stop.

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United States v. Pizarro-Berrios, No. 04-2062, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 5, 2006, Decided
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Overview: District court's decision to apply a 14-level enhancement to defendant's sentence under U.S.S.G. § 1B1.3 was affirmed where there was enough evidence to find defendant responsible for over $ 400,000 in losses based on defendant's relationship with the leaders of the scheme and his knowledge of various intimate details of the scheme.

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