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   Federal Courts - 1st Circuit Court of Appeals - June 9, 2006

  
Clifford v. Barnhart, No. 05-2437, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 9, 2006, Decided
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Overview: Summary dismissal of a claim of disability discrimination under the Rehabilitation Act was affirmed because an employee failed to show that his non-selection was based on his disability; the requirements of current knowledge and experience were job-related and a preference for internal promotion did not suggest discrimination.

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In re Bailey, No. 05-2779, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 9, 2006, Decided
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Overview: The court had jurisdiction under 28 U.S.C.S. § 1291 to review a decision disbarring an attorney under the district court's reciprocal discipline rule, D. Mass. R. 83.6(2)(D), because an attorney discipline proceeding under a reciprocal discipline rule was a case or controversy under Article III, and the decision was a final judgment.

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Kaweesa v. Gonzales, No. 04-2548, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 9, 2006, Decided
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Overview: An alien was entitled a new hearing to determine the merits of her request for relief from deportation because she had demonstrated exceptional circumstances under 8 U.S.C.S. § 1229a(e)(1). The IJ noted only that the alien mixed up the hearing date, and did not consider the totality of circumstances, thus committing an error of law.

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Quincy Commerce Ctr. v. Mar. Admin., No. 05-1527, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 9, 2006, Decided
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Overview: Not telling the U.S. Maritime Administration that, under the circumstances, the Merchant Marine Acts (MMA), 46 U.S.C.S. app. § 1101, required an LLC to be treated as a preferred bidder, or that the Coastal Zone Management Act (CZMA), 16 U.S.C.S. § 1451 et seq., required a consistency determination, precluded the LLC's MMA and CZMA claims.

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United States v. Alvarez-Enciso, No. 05-1941, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 9, 2006, Decided
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Overview: Defendant's sentence was affirmed as, inter alia, a district court provided a reasoned explanation for the sentence it imposed, identifying the 18 U.S.C.S. § 3553(a) purposes that would have been served, and it was not unreasonable for the district court to find that defendant's family ties were counterbalanced by his repeated immigration offenses.

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United States v. Navedo-Concepcion, No. 05-2301, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 9, 2006, Decided
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Overview: A sentence of 151 months of imprisonment for violation of 21 U.S.C.S. §§ 846, 841(a) was affirmed because the district court explicitly expressed concerns about the scope of the crime and the potential for dangerousness. The court also referred generally to the evidence presented as justifying a sentence at the upper end of the advisory guidelines.

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