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| Nesimi v. Gonzales, No. 06-2168,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 31, 2007, Decided
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Overview: Because substantial evidence supported the BIA's conclusion that, even if the alien suffered from past politically-motivated persecution, any fear of future persecution was not well-founded based on the changed conditions in Albania, the court affirmed the BIA's denial of the alien's asylum application under 8 U.S.C.S. § 1158.
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| Rossi v. Gemma, No. 06-2020, No. 06-2021,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 31, 2007, Decided
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Overview: Younger abstention applied to claims brought under 42 U.S.C.S. § 1983 by property owners challenging an ongoing mechanics' lien action in state court because the federal claims would substantially interfere with the state enforcement proceedings involving an important state interest and the constitutional challenges could be made in state court.
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| Rupprecht v. City of Pittsfield, No. 06-2767,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 31, 2007, Decided
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| United States v. Pacheco, No. 06-1520,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 31, 2007, Decided
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Overview: Defendant was properly sentenced to 36 months' imprisonment for conspiracy to distribute controlled substances because the chronology of events supported that the ketamine that he mailed to a boy was the same that the boy took, causing him serious physical injury, supporting an upward departure pursuant to U.S. Sentencing Guidelines Manual § 5K2.2.
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| United States v. Rivera-Rodriguez, No. 04-1009,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 31, 2007, Decided
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Overview: Defendant's sentence was affirmed because: the sentencing judge relied on record evidence of which defendant was aware and had an opportunity to rebut; there was no breach of the plea agreement based on the government's comments suggesting a higher sentence; and imposition of a two-level enhancement was supported by the record.
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| United States v. Maldonado-Rivera, No. 05-2572,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 4, 2007, Decided
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Overview: District court did not abuse its discretion when it found that the evidence could not justify a new trial under Fed. R. Crim. P. 33 because the monthly abandoned vehicle reports were in the files that were available to defendant at the time of trial and in the exercise of ordinary diligence, he would, and should, have discovered them.
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