1st Circuit Court of Appeals, August, 2007, Federal Case law

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Federal Courts - 1st Circuit Court of Appeals - August 14 - August 16, 2007

Fontes v. Gonzales, No. 05-1755, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 14, 2007, Entered
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Overview: An alien's petition for a panel rehearing and rehearing en banc was denied because the alien's claim that the application of the Real ID Act to bar jurisdiction over the BIA's rejection of his res judicata argument violated the Suspension Clause was not articulated in his briefs before the panel.

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Lafayette v. Kaplan (In re Kaplan), BAP NO. MW 07-045, UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT, August 14, 2007, Decided
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Overview: Attorney was not entitled to emergency stay of disgorgement order because fact that he waited two months to file the motion made it clear to court that the only emergency was that of the attorney's own making when he was confronted by an order to show cause.

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United States v. Jiminez, No. 06-2343, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 14, 2007, Decided
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Overview: Where defendant pled guilty to conspiracy to distribute 100 grams or more of heroin, death resulting, violations of 21 U.S.C.S. ???841, 846, although he argued that he was unaware of the mandatory minimum sentence, his argument did not survive plain error review because the minimum was spelled out in the agreement and during the plea colloquy.

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Latin Am. Music Co. v. Archdiocese of San Juan of the Roman Catholic & Apostolic Church, No. 05-2806, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 16, 2007, Decided
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Overview: In a copyright suit, a performance rights society was properly found to have infringed the copyrights to songs owned by various song publishers because, without holding exclusive title or license to the songs, the society violated 17 U.S.C.S. ? 106 by listing the publishers' "hijacked" songs in the society's catalog and on its website.

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Pisnoy v. Ahmed (In re Sonus Networks, Inc.), No. 06-1937, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 16, 2007, Decided
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Overview: Federal plaintiffs were bound by state court dismissal of derivative action; federal complaint did not add material allegations passing test for pleading demand futility, state plaintiffs were not grossly deficient in not including such allegations, and federal plaintiffs gave no reason to classify state plaintiffs' representation as inadequate.

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Sabot v. United States Fed. Bureau of Prisons, No. 07-1156, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 16, 2007, Decided
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United States v. Fink, No. 06-1313, No. 06-1346, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 16, 2007, Decided
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Overview: District court properly treated defendant's 2002 cocaine possession conviction as a prior felony drug offense for purposes of imposing a 21 U.S.C.S. ? 841(b)(1)(B) sentence enhancement against him because that conviction occurred prior to, and involved different drugs from, the offenses underlying the 21 U.S.C.S. ? 846 conspiracy conviction.

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United States v. Stark, No. 06-1853, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 16, 2007, Decided
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Overview: Defendant's conviction and sentence under 21 U.S.C.S. ??846 for his marijuana offense were proper because, inter alia, though two confessions were suppressed as fruit of the poisonous tree following an illegal search of his RV, his third confession was voluntary as it was attenuated from the search, occurring two days later when he was well-rested.

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