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Federal Courts -
1st Circuit Court of Appeals - June 12 - June 18, 2009
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Famm Steel, Inc. v. Sovereign Bank, No. 08-1955,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 12, 2009, Decided
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Overview: Summary judgment was granted on Mass. Gen. Laws ch. 93A, ? 2(a), claim because company that borrowed from bank had not shown that bank's conduct relating to loan fell within any common-law, statutory, or other established concept of unfairness. Evidence could not support a conclusion that bank misled company or attempted purposefully to injure it.
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United States v. Joseph, No. 08-2035,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 16, 2009, Decided
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Overview: Defendant's motion for a sentence reduction under 18 U.S.C.S. ? 3582(c)(2) was properly denied because, inter alia, under U.S. Sentencing Guidelines Manual ? 1B1.10, the district court expressly considered his argument that he had already been punished for his disciplinary infractions, and even if deported, he still posed a threat.
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United States v. Correy, No. 06-2029, No. 06-2156, No. 06-2496, No. 06-2497, No. 06-2498, No. 06-2589,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 18, 2009, Decided
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Overview: Where appellants were convicted on drug conspiracy charges under 21 U.S.C.S. ? 841, remand was warranted because, inter alia, the district court erred in failing to make credibility determinations related to individualized drug-quantity findings, and the presentence reports relied on allegations from the indictment rather than trial evidence.
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