1st Circuit Court of Appeals, May, 2008, Federal Case law

Access State and Federal Case Law, plus U.S. Supreme Court cases — for free!

Click on any of the case links below to view the full text of that case — for free — through lexisONE®, a legal research and news service from LexisNexis®. Login is required — registration is free!

Federal Courts - 1st Circuit Court of Appeals - May 8 - May 12, 2008

De Ming Huang v. Mukasey, No. 07-1484, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 8, 2008, Decided
View this case - free

Overview: Where an alien, a Chinese citizen who claimed persecution per 8 U.S.C.S. ? 1101(a)(42)(A) due to political opinion, was denied asylum, he was also denied a petition for review as the lack of details plaguing his testimony and inconsistencies were not trivial but central to his claim, and that he lived openly there for 20 years undercut his claim.

Search Cases for Free

Lifei Lin v. Mukasey, No. 07-2301, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 8, 2008, Decided
View this case - free

Overview: Where IJ found that an alien who applied for asylum under 8 U.S.C.S. ? 1158 and withholding of removal was not credible based on discrepancies between his application, testimony, and interview statements, review was denied as the finding was supported by substantial evidence and discrepancies, though they did not have to, went to heart of claims.

Search Cases for Free

Martinez-Medina v. United States, No. 06-1594, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 8, 2008, Decided
View this case - free

Overview: Where inmate was convicted of drug conspiracy crimes and his 28 U.S.C.S. ? 2255 motion was denied, review was denied too as, though a drug quantity finding was not made, he could have been found responsible for over 500 grams of cocaine, the indictment gave notice that he could be subject to a 40-year maximum sentence, and counsel was effective.

Search Cases for Free

Riley v. Sullivan (In re Sullivan), BAP NO. MB 07-057, UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT, May 9, 2008, Decided
View this case - free

Overview: Bankruptcy court did not err when it found that a Chapter 7 trustee could avoid a mortgage which a debtor gave a mortgagee, pursuant to 11 U.S.C.S. ? 544(a)(3), because the mortgagee did not record the mortgage before the debtor declared bankruptcy, and that 11 U.S.C.S. ? 551 preserved the mortgage for the benefit of the bankruptcy estate.

Search Cases for Free

United States v. Curran, No. 06-2647, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 12, 2008, Decided
View this case - free

Overview: Six level sentencing enhancement under U.S.S.G. ? 2B1.1(b)(2)(C) was proper because the district court correctly calculated the number of victims since defendant fraudulently presented himself as a medical doctor to his clients in his nameplate and his business cards, and thus, the blood analyses were inextricably linked to the entire fraud.

Search Cases for Free

United States v. Marcano, No. 07-1050, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 12, 2008, Decided
View this case - free

Overview: Where defendant's supervised release was revoked, there was no plain error when he was resentenced per 18 U.S.C.S. ? 3583(d) to 18 months' imprisonment and a year of supervised release, 180 days of which he was subject to limited home confinement per 18 U.S.C.S. ? 3563(b)(19) as the total sentence did not exceed the statutory maximum of two years.

Search Cases for Free

United States v. Wilder, No. 06-2213, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 12, 2008, Decided
View this case - free

Overview: Convictions for transmission, receiving, and attempting to receive child pornography, in violation of 18 U.S.C.S. ? 2252(a)(1), (2), and (b)(1), were affirmed because rational jury could find government had met its burden of proof that images depicted real children beyond reasonable doubt. Anatomical detail testified to by doctor was extraordinary.

Search Cases for Free

Communities Portal