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| United States v. Aviles-Sierra, No. 07-2066,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 11, 2008, Decided
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Overview: Motion to dismiss on double jeopardy grounds, following a mistrial, was properly denied because the district court found that a prosecutor did not know about an inculpatory statement that had been withheld, and thus, the prosecutor could not have intentionally elicited the testimony for the purpose of goading defendant into moving for a mistrial.
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| United States v. Brame, No. 07-1833,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 11, 2008, Decided
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Overview: Denial of suppression motions was proper because officers' initial stop of defendant was appropriate under Terry v. Ohio. Police had been called with a report of a suspected drug transaction in the men's bathroom at a restaurant, and one of the men matched defendant's description.
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| Bakuaya v. Mukasey, Nos. 07-1667, 07-2439,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 14, 2008, Decided
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Overview: An alien from Togo was properly denied asylum under 8 U.S.C.S. ¿¿ 1101 and 1158 because she did not establish a well-founded fear of persecution based on familial and tribal connections since she had never been targeted in Togo, she was never politically active, and her mother, brother, and sister continued to live in Togo, apparently unharmed.
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| Fayard v. Northeast Vehicle Servs., LLC, No. 07-2222,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 14, 2008, Decided
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Overview: While some state law claims may have been completely preempted under the Interstate Commerce Commission Termination Act (ICCTA), the question was whether the ICCTA immunized railroads from state nuisance claims. It did not, nor did it clearly provide, a federal cause of action amounting to nuisance.
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| Malonda v. Mukasey, No. 07-1799,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 14, 2008, Decided
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Overview: An adverse credibility determination was upheld which was fatal to an Indonesian Christian's claim because she failed to establish her eligibility for asylum under 8 U.S.C.S. ¿ 1158(b)(1) with any credible evidence. Having failed to establish eligibility for asylum, her withholding of removal claim necessarily failed, and her CAT claim was waived.
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| Reyelt v. Danzell, No. 07-2603,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 14, 2008, Decided
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Overview: A district court properly awarded a seller a lower amount on his breach of contract claim where the buyers' failure to file for a variance within three months of the closing, although specified in the contract, was not a material breach, and their efforts to secure the variance were adequate.
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| United States v. Pratt, No. 06-2287,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 14, 2008, Decided
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Overview: Waiver of appeal rights in plea agreement was valid where defendant did not show a miscarriage of justice. While defendant argued that the plea, with respect to the money laundering count under 18 U.S.C.S. ¿ 1956, lacked a sufficient factual basis, he conceded that the Government's description of his money-laundering activities were true.
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| New Eng. Power Co. v. FERC, No. 07-2418,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 16, 2008, Decided
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Overview: FERC failed to address a power company's retroactivity arguments and instead based its decision to apply a revised interest rate to earlier bills solely on an erroneous reading of a prior appellate opinion, and a remand was needed for the FERC to consider the retroactivity arguments challenging its rate-making authority under 16 U.S.C.S. ¿ 824e.
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| Pineda v. Toomey, No. 07-2462,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 16, 2008, Decided
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Overview: Plaintiffs failed to establish liability of supervisory police officers under 42 U.S.C.S. ¿ 1983 where the actions of the officers did not amount to supervisory encouragement, and because they were at a crime scene that was not in their district, the officers assumed that they were not in charge.
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| Sompotan v. Mukasey, No. 07-1635,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 16, 2008, Decided
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Overview: Indonesian Christians failed to establish a nexus between alleged persecution and a statutory ground under 8 U.S.C.S. ¿ 1231(b)(3)(A). Substantial evidence supported the conclusion that a poisoning and disturbances made by Muslim neighbors during prayer groups were the result of personal grudges and a robbery was motivated by criminal intent.
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