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| Cao v. Puerto Rico, No. 07-1394,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 13, 2008, Decided
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Overview: Where an elderly woman sued the Commonwealth of Puerto Rico under ¿ 1983 after she was removed from her home and placed in state care, but then custody proceedings against her were dropped, her claim was time-barred per P.R. Laws Ann. tit. 31, ¿ 5298(2) as the accrual date was that on which she was removed, not when the proceedings were dropped.
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| United States v. Bucci, Nos. 06-2746, 07-1087,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 13, 2008, Decided
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Overview: Booker required reversal only where judicial fact-finding increased the statutory maximum penalty. Thus, because the 168 month sentence the first defendant received for drug trafficking and the 84 month sentence he received for the weapons charge were both far below the statutory maximums, his claim of Booker error was without merit.
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| United States v. Feliciano-Rodriguez, No. 06-2719,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 13, 2008, Decided
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Overview: Because the district court considered the relevant statutory factors and provided a plausible explanation for the within-guidelines range sentence it imposed, Appellant's challenge to the reasonableness of his sentence fails.
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| United States v. Vargas, No. 07-2536,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 13, 2008, Decided
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Overview: Where defendant voluntarily pled guilty to illegal reentry following a prior deportation in violation of 8 U.S.C.S. ¿ 1326(a), because he did so following the federal district court's clear and unequivocal admonition that he would waive his right to appeal his conviction, he waived his collateral attack of the underlying deportation order.
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| Greenwood v. N.H. PUC, No. 07-2322,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 15, 2008, Decided
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Overview: Owner's suit, in which it claimed that the PUC's orders were expressly preempted by ¿ 210(e) of the Public Utility Regulatory Policies Act of 1978, 16 U.S.C.S. ¿ 824a-3(e) was barred by the statute of limitations because the owner's 17-year delay in challenging the orders did not comply with the applicable three year limitations period.
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| UMASS Mem. Med. Ctr., Inc. v. United Food & Commer. Workers Union, Local 1445, Nos. 07-2527; 07-2528,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 15, 2008, Decided
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Overview: When grievance due to hospital's failure to provide differential pay to phlebotomists for unworked holidays was decided for union and second grievance was filed on behalf of all employees, while hospital argued that such was untimely, arbitrator was due deference and neither 9 U.S.C.S. ¿ 10 exception nor one based on court's inherent power applied.
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| United States v. Otero, No. 07-1555,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 15, 2008, Decided
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Overview: Where defendant pled to drug-trafficking per 21 U.S.C.S. ¿ 841(a)(1), his conviction was not improper on the basis that magistrate did not properly, per Fed. R. Crim. P. 11, explain the elements of the crime as, while defendant argued he was entrapped and would not have pled had he known that intent was an element, he was aware of the requirement.
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| United States v. Ortiz-Graulau, No. 06-1768,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 20, 2008, Decided
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Overview: Sufficient evidence supported defendant's conviction for exploiting a minor to produce sexually explicit photographs under 18 U.S.C.S. ¿ 2251(a) as, inter alia, given the parties' large age difference, and that he engaged in sexual contact and admitted to taking photographs, it could be inferred that he instigated at least some relevant conduct.
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