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| Estrada-Henao v. Gonzales, No. 05-2144,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 27, 2006, Decided
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Overview: Pursuant to 8 U.S.C.S. § 1252(b)(4), alien's petition for review of denial of asylum and withholding of removal under 8 U.S.C.S. §§ 1158, 1231(b)(3)(A) was denied because alien claimed he was threatened by right-wing groups before kidnapping, did not mention threats in his application, and testified that he had been kidnapped by left-wing group.
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| Healy v. Spencer, No. 06-1269,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 27, 2006, Decided
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Overview: Issuance of a § 2254 writ of habeas corpus was reversed because a state court's conclusion that petitioner had not demonstrated Brady prejudice was not objectively unreasonable; the withheld post-mortem report was of limited probative value regarding the likelihood of a sexual encounter, and its suppression did not create a new defense.
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| O'Brien v. Marshall, No. 05-2512,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 27, 2006, Decided
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Overview: The Fifth Amendment did not preclude considering defendant's attitude under Mass. Gen. Laws ch. 119, § 61 (1994) (repealed 1996), whether or not characterized as silence, in determining that he was not likely to be rehabilitated and should be tried as an adult for murder.
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| United States v. Bishop, No. 05-1759,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 27, 2006, Decided
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Overview: Defendant was properly sentenced pursuant to 18 U.S.C.S. § 924(e)(1) based, in part, upon a prior felony conviction for possession of an unregistered sawed-off shotgun. Court would not revisit a prior decision, in which it had flatly held that possession of a sawed-off shotgun was a "violent felony" within the meaning of Armed Career Criminal Act.
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| United States v. Feliz, No. 05-1383,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 27, 2006, Decided
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Overview: A district court did not err in accepting the government's position and refusing to apply the safety-valve provision, 18 U.S.C.S. § 3553(f), to defendant's sentence because defendant conceded that the information he gave the government was inconsistent with information given at trial, and the burden was on defendant to demonstrate full disclosure.
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