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| New Seabury Co. Ltd. P'ship v. New Seabury Props., LLC (In re New Seabury Co. Ltd. P'ship), Nos. 05-1526, 05-1588,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 7, 2006, Decided
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Overview: Where a bankruptcy debtor and an acquiring company entered into a stipulation providing that the debtor would retain the real estate brokerage segment of its business, the debtor was not entitled to receive any of the cash generated from the brokerage operations, because, inter alia, the stipulation did not make reference to any cash.
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| P.R. Tel. Co. v. Municipality of Guayanilla, No. 05-1400,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 7, 2006, Decided
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Overview: District court properly concluded that Guayanilla, P.R., Ordinance No. 40 (2003-04), which imposed a five percent gross revenue fee on telecommunications providers for use of rights of way, was preempted by 47 U.S.C.S. § 253(a) and was not saved by § 253(c); fee imposed significant burden on providers and was not fair and reasonable compensation.
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| Sou v. Gonzales, No. 05-1668,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 7, 2006, Decided
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Overview: Where petitioners from Cambodia alleged a fear of persecution based on, inter alia, the husband's friendship with a convicted terrorist, the BIA's denial of asylum under 8 U.S.C.S. §§ 1101 and 1158 was upheld under 8 U.S.C.S. § 1252(b)(4)(D) because, inter alia, their involvement in political organizations was low-level to nonexistent.
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| Stoll v. Principi, No. 05-2483,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 7, 2006, Decided
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Overview: Where a government employee asserted a discrimination claim before the Merit Systems Protection Board, her discrimination action under, inter alia, Title VII and the ADEA asserted in the district court was properly dismissed because, under 29 C.F.R. § 1614.302(b), her original election of remedies barred her subsequent attempt to sue.
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| United States v. Soto-Cruz, No. 05-2425,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 7, 2006, Decided
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Overview: Defendant's appeal of a 144-month sentence for mail and securities fraud in violation of 18 U.S.C.S. § 1341, 1348 was dismissed because defendant knowingly and voluntarily waived the right to appeal his sentence in his plea agreement despite the trial court's statement that defendant had the right to appeal an illegal or unreasonable sentence.
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| United States v. Thompson, No. 05-1824,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 7, 2006, Decided
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Overview: Defendant was properly convicted of conspiracy to distribute and possess with intent to distribute 500 or more grams of cocaine; although a witness testified that defendant "declined to make much of any statement" after his arrest, the district court offered defendant a curative instruction for any violation of his Fifth Amendment rights.
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| Amato v. United States, No. 05-2193,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 8, 2006, Decided
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Overview: The First Circuit declined to reconsider its prior caselaw on the applicability of the collective-entity doctrine in cases involving a records custodian who was also the corporation's sole shareholder and affirmed an order denying a motion to quash because the custodian was not entitled to assert a Fifth Amendment act-of-production privilege.
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| United States v. McKenney, No. 05-2137,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 8, 2006, Decided
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Overview: Defendant's previous state conviction under R.I. Gen. Laws §§ 21-28-4.01(a)(1) and 21-28-4.08 was a "serious drug offense" within the meaning of the Armed Career Criminal Act (ACCA) because the conspiracy to possess with intent to distribute was an offense involving possessing with intent to distribute under the ACCA.
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