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

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Federal Courts - 1st Circuit Court of Appeals - May 21 - May 27, 2008

Lopez-Quinones v. P.R. Nat'l Guard, No. 07-1976, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 21, 2008, Decided
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Overview: Public officials involved in termination of a plaintiff from his position from the Puerto Rico National Guard were entitled to qualified immunity and could not be sued individually under ? 1983 for monetary damages because plaintiff's position appeared to be as a policymaker and termination could be appropriately motivated by partisan decisions.

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Ruiz v. Mukasey, No. 07-1783, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 21, 2008, Decided
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Overview: A decision of the Board of Immigration Appeals that an alien had been subjected to no physical harm and no persecution in Colombia, and none of her mistreatment had been based on a statutorily protected ground, was supported by substantial evidence in the record, in removal proceedings under 8 U.S.C.S. ? 1227(a)(1)(B).

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Sopheap Sok v. Mukasey, No. 07-2113, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 22, 2008, Decided
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Overview: Where Cambodian was denied withholding of removal based on persecution for being in Sam Rainsy Party, as protected per former 8 U.S.C.S. ? 1253(h)(1), her case was remanded as substantial evidence did not support past persecution finding, it was unclear whether a future persecution presumption applied, and an opposite conclusion was not compelled.

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Sourcing Unlimited, Inc. v. Asimco Int'l, Inc., No. 07-2754, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 22, 2008, Decided
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Overview: Denial of motion to compel arbitration under the FAA was reversed where the fact that the subsidiary and the CEO were not signatories was not a basis on which arbitration could have been denied, and the corporation was equitably estopped since it was bound by a written agreement to arbitrate any action that arose out of the agreement.

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United States v. Sharapka, No. 06-2715, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 22, 2008, Decided
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Overview: Two level enhancement under U.S.S.G. ? 2B1.1 was affirmed where a court was permitted to increase a criminal defendant's sentence by two levels if the offense involved 10 or more victims, and the government proffered evidence that its agents had contacted 14 vendors who verified that they had suffered losses resulting from defendant's fraud.

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United States v. Ellis, No. 07-1997, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 23, 2008, Decided
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Overview: Defendant, who assisted a warden, was not entitled to a sentencing reduction despite the warden's promise to pursue it as clearly, in light of 18 U.S.C.S. ? 3582(c)(1)(A), a warden could not make a Fed. R. Crim. P. 35(b) motion as the Government; his 18 U.S.C.S. ? 4042(a)(1) responsibility for prison safety did not carry with it such authority.

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United States v. Joseph, No. 04-1477, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 23, 2008, Decided
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United States v. Rodriguez-Guerrero, No. 07-1256, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 23, 2008, Decided
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Overview: Defendant convicted under 21 U.S.C.S. ?? 841(a)(1) and 952 was properly sentenced as a minor but not minimal participant in offenses under USSG ? 3B1.2(a) and (b) because she registered minivan used to transport heroin in her own name, drove it to Dominican Republic, waited while drugs were loaded aboard, and then tried to smuggle them into U.S.

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Sanchez-Figueroa v. Banco Popular, No. 07-1013, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 27, 2008, Decided
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Overview: In an employment discrimination case under the ADA, 42 U.S.C.S. ? 12101 et seq., summary judgment was properly entered in favor of an employer because an employee did not make out a prima facie case pursuant to 42 U.S.C.S. ? 12102(2); she did not have a substantially limiting condition as her impairment (mixed situational disorder) was temporary.

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