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

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Federal Courts - 1st Circuit Court of Appeals - June 11 - June 13, 2008

Kamuh v. Mukasey, No. 07-1639, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 11, 2008, Decided
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Overview: Alien could not show either past persecution or well-founded fear of future persecution pursuant to 8 U.S.C.S. 1101(a)(42)(A) because he failed to establish necessary connection between mistreatment as Christian and any action or inaction on the part of the Indonesian government. Without this governmental link, his asylum claim necessarily failed.

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Santosa v. Mukasey, No. 07-2016, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 11, 2008, Decided
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Overview: Indonesian national was denied review as substantial evidence, as required by 8 U.S.C.S. ? 1252(b)(4)(B), supported denial of asylum as he did not establish that he was a refugee per 8 U.S.C.S. ? 1101(a)(42)(A); while he claimed ethnic and religious persecution, the government was not involved and incidents could have been mere random violent acts.

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Tracy v. Winfrey, No. 07-1630, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 11, 2008, Decided
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Overview: Plaintiff's complaint was properly dismissed under Fed. R. Civ. P. 12(b)(6) because dismissal adequately explained the basis for district court's ruling, and neither copyright nor misappropriation of trade secret were apt legal theories for facts as pled by plaintiff, which revealed that plaintiff voluntarily submitted her material to defendants.

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United States v. Boardman, No. 07-1030, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 11, 2008, Decided
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Overview: Defendant was entitled to a remand for resentencing because, although the district court properly recognized that it was bound to treat the career offender provision at USSG ? 4B1.1 as court of appeals interpreted it, disagreement with the Commission's policy judgment as expressed in ? 4B1.1 was a permissible reason to deviate from that guideline.

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United States v. Carrera-Gonzalez, No. 07-2141, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 11, 2008, Decided
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Overview: Defendant's 18-month sentence following revocation of supervised release was proper because, pursuant to 18 U.S.C.S. ? 3583(e)(3), it did not exceed the statutory maximum for the underlying Class A felony, and sentencing court properly considered prior criminal history and violent nature of new carjacking offense in determining length of sentence.

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United States v. Karim, No. 07-1210, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 11, 2008, Decided
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Overview: Evidence was sufficient to support conviction for conspiracy to commit marriage fraud, a violation of 18 U.S.C.S. ? 371, because ample testimony pointed to deliberate, coordinated effort among defendant, sister, and bride to facilitate fraudulent marriage for immigration purposes, culminating in bride's trip to Texas to create a marriage by proxy.

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Phillips v. Prairie Eye Ctr., No. 07-2469, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 12, 2008, Decided
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Overview: Where Massachusetts job candidate sued Illinois potential employer after negotiations soured, personal jurisdiction in Massachusetts was properly found lacking under Mass. Gen. Laws ch. 223A, ? 3 and the Due Process Clause as negotiations occurred in Illinois for a job there and it was not enough that the employer knew emails went to Massachusetts.

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United States v. Ruidiaz, No. 07-1988, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 12, 2008, Decided
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Overview: Officers' actions after approaching a car did not exceed permissible scope of a Terry stop under the Fourth Amendment because, after receiving a report of gunfire coming from car, and getting a profane response from its initially unresponsive passenger, officers were constitutionally entitled to remove passenger from the vehicle and pat-frisk him.

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Fiacco v. Sigma Alpha Epsilon Fraternity, No. 07-1695, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 13, 2008, Decided
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Overview: IIED claim was properly dismissed where university employee, who oversaw student discipline, was a public figure and he did not show actual malice as required by the First Amendment; inter alia, though he was convicted not of DWI but of DWAI per Colo. Rev. Stat. ? 42-4-1303(1), such was a minor inaccuracy as his blood alcohol level was.89 percent.

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United States v. Skerret-Ortega, No. 06-1126, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 13, 2008, Decided
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Overview: District court was within its discretion to reject defendant's two attempts to enter guilty pleas to violations of 21 U.S.C.S. ? 841(a)(1) and (b)(1)(A) because, pursuant to Fed. R. Crim. P. 11(b)(3), court was required to ascertain that there was a factual basis for the plea. Defendant denied responsibility for the crimes for which he was charged.

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