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Federal Courts -
1st Circuit Court of Appeals - June 15 - June 19, 2007
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United States v. Hernandez, No. 05-2835,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 15, 2007, Decided
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Overview: Conviction was affirmed because, contrary to defendant's arguments, no constructive amendment occurred, there was no error in mentioning an alleged meeting with codefendants in a jury instruction, there was no Brady/Giglio error in admitting cell phone evidence, and a "mere presence" instruction was in fact given.
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Rodriguez-Ortiz v. Margo Caribe, Inc., No. 06-1765,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 18, 2007, Decided
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Overview: Claim under § 10(b) of the Securities and Exchange Act of 1934, 15 U.S.C.S. § 78j(b) and Rule 10b-5, promulgated thereunder, 17 C.F.R. § 240.10b-5, was properly dismissed for failure to meet PSLRA, 15 U.S.C.S. § 78u-4(b), pleading requirements as, though misleading statements were specified, facts supporting a strong inference of scienter were not.
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