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| Islami v. Gonzales, No. 05-2143,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 5, 2006, Decided
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Overview: Because substantial evidence supported the BIA's decision that even assuming an alien suffered past persecution, country conditions in Albania had changed and the alien no longer had a well-founded fear of persecution in Albania, the alien's petition for review pursuant to 8 U.S.C.S. § 1852 was denied.
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| Mangano v. Bellotti, No. 05-1537,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 5, 2006, Decided
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Overview: An inmate's § 1983 suit alleging an Eighth Amendment violation for medication denial was properly dismissed under the Mass. Gen. Laws ch. 260, § 2A three-year statute of limitations as he knew of his injury during the time that his medication was interrupted and it was insufficient that he suffered some sort of injury within three years of filing.
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| United States v. Griffin, No. 05-2554,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 5, 2006, Decided
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Overview: Defendant's sentence was reasonable under 18 U.S.C.S. § 3553 in light of the aggravating factors in the case, that defendant was a drug user unable to function in society without resorting to drug offenses to pay for his habit, and the risk of recidivism was higher than average.
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| United States v. Mahone, No. 05-1492,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 5, 2006, Decided
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Overview: A witness was properly qualified as an expert in footwear examination where the court noted that the expert was a trained forensic professional with a specialty in impressions, and she had a masters degree in forensic science. The witness could testify as an expert pursuant to Fed. R. Evid. 702(2).
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| Coelho v. Gonzales, No. 05-1971,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 6, 2006, Decided
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Overview: An alien husband's petition for adjustment of status was properly denied. Because he had previously committed marriage fraud to obtain an immigration benefit, he was inadmissible under 8 U.S.C.S. § 1182(a)(6)(C)(i), meaning that he had to apply for a waiver under § 1182(i), for which he did not qualify because he lacked a qualifying relative.
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| Toledo v. Sanchez, No. 05-1376,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 6, 2006, Decided
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Overview: Because a disabled student stated a claim that a university violated Title II of the ADA but not the Fourteenth Amendment, the court asked whether Congress's abrogation of sovereign immunity as to the university's conduct was valid as a prophylactic measure within its power under § 5 of the Fourteenth Amendment and found that it was.
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| United States v. Maher, No. 05-1598,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 6, 2006, Decided
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Overview: Hearsay was not erroneously admitted in defendant's trial in violation of his Sixth Amendment right to confrontation. Although testimony indicating that informant stated that defendant was drug dealer was testimonial and should have been inadmissible, because defendant did not object and jury received limiting instruction there was no plain error.
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| United States v. Marquez-Figueroa, No. 04-1069,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 6, 2006, Decided
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Overview: Although he was acquitted on substantive charges of making false declarations to the grand jury and suborning perjury, defendant's conviction on a conspiracy charge was affirmed because the conviction was supported by ample evidence, and the jury's verdict was not logically inconsistent.
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| United States v. Swan, No. 04-2078,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 6, 2006, Decided
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