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| United States v. Garcia-Alvarez, Nos. 07-1471, 07-1697,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, September 4, 2008, Decided
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Overview: Defendant's convictions for carjacking and firearm possession under 18 U.S.C.S. §§ 2119 and 924 were upheld because a victim's identifications of defendant were properly admitted, there was sufficient evidence to establish the intent element of the carjacking charge, and evidence regarding defendant's cell phone location was not newly discovered.
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| First Marblehead Corp. v. House, No. 07-2789,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, September 8, 2008, Decided
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Overview: Where an employee and an employer disputed whether the employee's stock options expired three months after his resignation and whether he was entitled to damages, it was not an abuse of discretion to admit the testimony of the employer's expert, because he was qualified and his reasonable investor testimony was relevant and helpful.
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| United States v. Cruz-Rodriguez, Nos. 05-2492, 05-2493,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, September 8, 2008, Decided
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Overview: Evidence was sufficient to convict the second defendant of conspiracy to distribute drugs in violation of 21 U.S.C.S. §§ 841, 846, 860 where the government presented evidence that he distributed illicit drugs to ground-level sellers, protected conspiracy members from out-of-project gangs, and made ground level sales during the conspiracy.
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| Herman v. Meiselman, No. 07-2753,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, September 10, 2008, Decided
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Overview: Fed. R. Civ. P. 12(b)(6) dismissal on claim preclusion grounds was proper because prior judgment barred action. Factual basis for new suit was formed in same time period and from same essential issues as prior action: employment relationship, profit-sharing plan, and parties' differences over them, as well as validity of release given by employee.
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| Khan v. Mukasey, No. 08-1135,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, September 10, 2008, Decided
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Overview: Alien from Pakistan was properly denied asylum under 8 U.S.C.S. §§ 1101 and 1158 because substantial evidence supported the determination that he had presented no corroborating evidence since he did not submit a copy of his Canadian asylum application and he did not provide original or properly authenticated documentation of his identity.
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| Tieng Sok v. Mukasey, No. 07-2233,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, September 10, 2008, Decided
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Overview: Alien from Cambodia was properly denied asylum under 8 U.S.C.S. § 1101 because, inter alia, she did not show past persecution since being beaten at a protest alone did not rise to the level of persecution, and she did not establish that her husband was purposefully killed by a car for his political activity; her due process argument failed.
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| United States v. Torres, No. 07-2331,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, September 10, 2008, Decided
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Overview: Where defendant pled to possession of crack cocaine with intent to distribute under 21 U.S.C.S. § 841(a)(1), he was properly deemed a career offender under U.S. Sentencing Guidelines Manual § 4B1.1 as prior state convictions counted given that he was convicted within five years of release from confinement and a gun offense was a crime of violence.
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| Pina v. Mukasey, No. 07-2311,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, September 12, 2008, Decided
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Overview: Where whether an alien's father had legal custody when the Child Citizenship Act of 2000, 8 U.S.C.S. § 1431, took effect was in issue, a removal order was vacated as an informal agreement between the alien's parents to share legal custody was entitled to effect; Massachusetts law did not suggest that residence was only way to acquire legal custody.
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| Sabinson v. Trs. of Dartmouth College, No. 08-1043,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, September 12, 2008, Decided
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Overview: Former college professor failed to support her claim with direct evidence of discrimination, and assuming that she made out a prima facie case of discrimination with indirect evidence, she failed to rebut the college's nondiscriminatory reason for its actions. Title VII only protected against discriminatory actions, not generally unfair actions.
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