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| Carrero-Nazario v. Lopez-Bonilla, No. 06-1084,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 18, 2007, Decided
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Overview: Summary judgment for mayor was affirmed in suit alleging that mayor's crusade against development project was materially motivated by unlawful political discrimination in violation of First and Fourteenth Amendments because evidence did not show that developers' party membership was a substantial or motivating factor driving the mayor's opposition.
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| Essen v. Gonzales, No. 06-2071,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 18, 2007, Decided
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Overview: Alien's Fifth Amendment due process rights were not violated when he had to proceed pro se because by time of hearing on his application, IJ had told alien of his right to counsel on three occasions, had encouraged him to utilize list of legal services agencies on five occasions, and had granted approximately 14 months' worth of continuances.
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| United States v. Carpenter, Nos. 06-1373, 06-1374, 06-1488,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 18, 2007, Decided
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Overview: Defendant was properly granted new trial under Fed. R. Crim. P. 33(b)(2) in wire and mail fraud case because he was denied fair trial when government made pejorative and repeated use of inflammatory gambling metaphors during closing and rebuttal arguments to refer to his stock trading strategy, despite explicit warnings against distracting jurors.
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| United States v. Uribe-Londono, No. 06-2367,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 18, 2007, Decided
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Overview: District court's denial of inmate's Fed. R. Crim. P. 41(g) motion for return of seized property on ground that property was so "inextricably intertwined" with underlying offense as to constitute derivative contraband was improper as it was based on government's unsubstantiated claims concerning nature of property, which was not self-evident.
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| Sueiro Vazquez v. De La Rosa, No. 06-1499,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 19, 2007, Decided
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Overview: Where a jury found that the First and Fourteenth Amendment rights of state employees were violated when they were fired, a damages award was properly vacated because state officials were entitled to qualified immunity; they reasonably relied on the Secretary of Justice's opinion that the appointment of the employees to their positions was illegal.
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| United States v. Diaz, No. 05-1990,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 19, 2007, Decided
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Overview: Denial of defendant's motion for a mistrial under Fed. R. Crim. P. 26.3 based on testimony that defendant admitted entering the United States illegally was not an abuse of discretion where the nature of the remark was fleeting and the government had strong and independent evidence against defendant, including his full confession.
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| Carcieri v. Kempthorne, No. 03-2647,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 20, 2007, Decided
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Overview: Judgment against the State of Rhode Island was proper as the Secretary of the Department of the Interior did not exceed Indian Reorganization Act, 25 U.S.C.S. § 465 et seq., authority by deciding to take land into trust for Narragansett Indians; the 1978 Rhode Island Indian Claims Settlement Act, 25 U.S.C.S. §§ 1701-1716, did not bar his actions.
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| Harvey v. Johanns, No. 06-2738,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 24, 2007, Decided
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Overview: A motion to enforce a judgment was properly denied because amendments to the Organic Food Production Act, 7 U.S.C.S. §§ 6501-6523, were clearly meant to address a holding that certain implementing regulations conflicted with the statute and to restore the regulations to their pre-suit status by, inter alia, excising problem language in the Act.
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| United States v. Teleguez, No. 06-1751,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 24, 2007, Decided
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Overview: Where defendant was convicted of conspiracies to deal firearms sans a license under 18 U.S.C.S. §§ 371, 922(a)(1)(A) and to possess firearms with obliterated serial numbers under 18 U.S.C.S. §§ 371, 922(k), an entrapment instruction was properly denied because that a government plant was a persistent buyer did not equate to improper inducement.
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