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Federal Courts -
1st Circuit Court of Appeals - August 7, 2007
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United States v. D'Amico, Nos. 05-1468, 05-1573,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 7, 2007, Decided
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Overview: Where defendant was convicted of extortion under color of official right, a violation of the Hobbs Act, 18 U.S.C.S. § 1951, contrary to his assertions, because the complaint could be read to include only one Hobbs Act violation-extortion or the lesser included offense of attempted extortion-it was not duplicitous on its face.
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United States v. Hyde, No. 05-2897,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 7, 2007, Decided
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Overview: Order that government could enforce restitution order was affirmed because Mandatory Victims Restitution Act, codified in part at 18 U.S.C.S. § 3613, allowed government to garnish sale proceeds of a house that a debtor had attempted to exempt from the reach of creditors, under Mass. Gen. Laws ch. 188, § 1, in his Chapter 7 bankruptcy proceeding.
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United States v. Matthews, Nos. 05-1655, 05-1925,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 7, 2007, Decided
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Overview: Defendant's juvenile case showed that pursuant to Mass. Gen. Laws Ann. ch. 119, § 55A, he was offered, and declined, a jury. Defendant therefore was provided more process than he was constitutionally due in his juvenile proceeding and his adjudication of delinquency qualified as a predicate conviction for purposes of the ACCA.
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Vigeant v. United States, No. 06-2577,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 7, 2007, Decided
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Overview: Summary judgment was properly entered for the Government in an arrestee's FTCA, 28 U.S.C.S. §§ 2671-2680, action asserting false arrest, false imprisonment, malicious prosecution, and abuse of process as, though the exclusionary rule was applied in his criminal proceedings, it did not apply in the civil case and probable cause supported his arrest.
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