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| Gonzalez-Rucci v. United States INS, No. 07-1198,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 21, 2008, Decided
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Overview: Nothing connected an immigration lawyer's alleged rejection of amorous advances by an INS officer to an investigation and her subsequent indictment for aiding aliens in entering sham marriages. Both malice and a lack of probable cause were needed to sustain a claim of malicious prosecution, and the factual findings supported neither.
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| Lloyd's of London v. Pagan-Sanchez, No. 07-1709,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 21, 2008, Decided
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Overview: Because a district court erred when it failed to apply the prevailing view, both in federal law and state maritime insurance law, that a breach of a warranty excused a maritime insurer from payment regardless of any causal connection to the loss, a summary judgment for insureds' was reversed, and judgment was to be entered for insurers.
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| Noonan v. Staples, Inc., No. 07-2159,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 21, 2008, Decided
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Overview: Where an employee was fired for allegedly padding expense reports and a mass e-mail was sent about the termination, the employee's libel claim failed because the e-mail was substantially true and the employer did not act with actual malice under Mass. Gen. Laws ch. 231, § 92; employer did not breach severance and stock-option agreements.
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| United States v. Brandao, No. 07-1215,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 21, 2008, Decided
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Overview: Although the district court erred during defendant's trial on charges alleging that he violated 18 U.S.C.S. § 1962 when it instructed the jury that defendant was charged with violating the RICO by committing murder, when he was actually charged with violating the RICO by conspiring to commit murder, the error did not affect defendant's conviction.
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| United States v. Lipscomb, No. 07-1293,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 21, 2008, Decided
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Overview: Because defendant disowned any interest in any seized items, he lacked the expectation of privacy required to make a Fourth Amendment challenge to the seizure of crack cocaine and a gun, and his motion to suppress was properly denied on that basis. Notice was sufficient that detectives would testify as experts to comply with Fed. R. Crim. P. 16.
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| United States v. McKenzie, No. 07-1834,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 21, 2008, Decided
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Overview: Declining to depart from Spaulding, the court found that the district court properly included a prior shoplifting in its criminal history calculation, making defendant ineligible for a safety-valve downward adjustment per 18 U.S.C.S. § 3553(f). Also, attested copies of electronic docket entries were sufficient proffers of prior convictions.
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| United States v. Pimentel, No. 07-1512,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 21, 2008, Decided
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Overview: Record showed that defendant was adequately advised on five occasions that he had an absolute right not to plead guilty; the court was not required to inform him of overt acts in the conspiracy counts on which he was pleading, and while he was not given proper advice under Fed. R. Crim. P. 11(b)(1)(A), his substantial rights were not affected.
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| Abdelmalek v. Mukasey, No. 07-2819,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 25, 2008, Decided
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Overview: Even if an Egyptian, Coptic Christian's testimony were deemed credible, an IJ's finding that he failed to demonstrate past or future persecution was supported by substantial evidence, and he was denied review of the denial of asylum. Vague verbal threats, unaccompanied by abuse or government acquiescence, did not rise to the level of persecution.
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| Bonilla v. Mukasey, No. 07-1813,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 25, 2008, Decided
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Overview: Because the evidence was insufficient as to the significance of an expired resident stamp from Venezuela in petitioner Colombian's passport, review of the denial of asylum was granted. A remand was ordered to determine if the stamp represented a permanent offer of refuge, making petitioner ineligible for asylum under 8 U.S.C.S. § 1158(b)(2)(A)(vi).
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| United States v. Edelen, No. 07-1189,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 25, 2008, Decided
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Overview: Defendant's waiver of appellate rights was enforceable and valid where the written plea agreement clearly delineated its scope, defendant was specifically asked about his waiver of appellate rights at the plea hearing, and knowledge of which offense level or corresponding guideline sentencing range was applicable was not a condition of the waiver.
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