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   Federal Courts - 1st Circuit Court of Appeals - August 21 - August 24, 2007
  
United States v. Cadieux, No. 05-2567, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 21, 2007, Decided
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Overview: Defendant's conviction under Mass. Gen. Laws ch. 265, ? 13B (1989), a statute that prohibited indecent assault and battery on a child under 14, qualified as a violent felony within the meaning of the ACCA where indecent sexual contact crimes perpetrated by adults against children categorically presented a serious potential risk of physical injury.

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United States v. Smith, No. 07-1246, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 21, 2007, Decided
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Overview: Where defendant failed to appear for a supervised release revocation hearing, his punishment was properly based, per 18 U.S.C.S. ? 3146(b)(1)(A)(i), on his underlying conviction for heroin distribution, rather than on a charge of violating a supervised release condition as such violation was not a criminal offense that was triable in federal court.

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United States v. Brown, No. 06-2508, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 22, 2007, Decided
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Overview: Defendant's Fourth Amendment rights were not violated by traffic stop and resulting arrest. Character, quality, and corroboration of tip were sufficiently reliable to provide predicate for stop. During stop, police caught defendant in lies and inconsistencies, and after dog alerted officers to drugs, probable cause for arrest was obvious.

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United States v. Stroman, No. 06-2133, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 22, 2007, Decided
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Anderson v. Comcast, Corp., Nos. 06-2165, 06-2203, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 23, 2007, Decided
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Overview: A consumer class action suit raising claims for multiple damages against a cable television provider under Mass. Gen. Laws ch. 93A, ? 9(3A) was subject to arbitrability determinations under the agreement with the cable company, excluding the statute of limitations issue.

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Dellelo v. Maloney, No. 05-2205, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 23, 2007, Decided
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Overview: A district court correctly dismissed inmates' pendent state-law claims based on Haverty v. Commissioner of Correction given a decision by the state's highest court, and the inmates waived their remaining claims on appeal by failing to present and develop any argument.

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Melhem v. Gonzales, No. 06-2658, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 24, 2007, Decided
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Overview: Alien was properly denied protection under Convention Against Torture where there were several inconsistencies in his testimony, and he failed to provide sufficient evidence that his fear of future persecution was well-founded. His claim that he had been tortured was not credible, and his family had lived safely in Lebanon since his departure.

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United States v. Dwyer, No. 05-2051, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 24, 2007, Decided
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