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| McIntyre v. United States, Nos. 07-1663, 07-1664,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, October 16, 2008, Decided
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Overview: Where a decedent was murdered by organized crime figures who were FBI informants, the Government was liable for the decedent's death under the FTCA because an FBI agent's disclosure of the decedent's identity to the informants fell within the scope of the agent's employment since, inter alia, the disclosure was in keeping with the agent's conduct.
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| Melendez-Santana v. P.R. Ports Auth., No. 07-1422,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, October 16, 2008, Decided
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Overview: Former employee's ADA claim failed to survive summary judgment because he failed to establish a prima facie case under the ADA since the undisputed evidence showed that he was not able to perform the essential functions of his job with or without accommodation; he failed to raise his breach of contract claim in the district court.
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| Drini v. Mukasey, No. 07-2780,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, October 17, 2008, Decided
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Overview: Where an alien from Albania allegedly was beaten for working for a political party, his asylum application was properly denied under 8 U.S.C.S. ¿ 1101 because his inconsistent statements supported an adverse credibility determination and the IJ had a sufficient basis for concluding that he was not as active in the party as he professed to be.
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| Siahaan v. Mukasey, No. 07-2167,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, October 17, 2008, Decided
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Overview: Where a Protestant wife from Indonesia alleged that churches were bombed, she was pushed to the ground after a mall bombing, and had rocks thrown at her house, her and her husband's asylum applications were properly denied under 8 U.S.C.S. ¿ 1101 because, inter alia, there was no evidence that the incidents amounted to targeted persecution of her.
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| United States v. Herrick, No. 07-1553,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, October 17, 2008, Decided
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Overview: Defendant's sentence for convictions under 18 U.S.C.S. ¿¿ 922(g)(1), 924(a)(2) was improperly increased when his prior conviction for vehicular homicide under Wis. Stat. ¿ 940.10 was characterized as a crime of violence under U.S. Sentencing Guidelines Manual ¿ 4B1.2(a) as ¿ 940.10 did not involve the requisite mens rea to be a crime of violence.
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| United States v. Morales-Machuca, Nos. 06-1283, 07-1001,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, October 17, 2008, Decided
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Overview: Defendant's 18 U.S.C.S. ¿¿ 2, 1951(a), and 924 convictions were upheld as they were supported by substantial evidence where, inter alia, circumstantial evidence supported his involvement in an armored car robbery in which a security guard was killed; defendant was guilty under the felony-murder rule given his involvement in the underlying crimes.
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| Prosper v. Mukasey, No. 07-1751,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, October 20, 2008, Decided
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Overview: Where an alien's claims for asylum pursuant to 8 U.S.C.S. ¿ 1101(a)(42)(A), 1158(b)(1), withholding of removal, and CAT relief were denied, review was also denied because substantial evidence supported a fatal adverse credibility determination; discrepancies in her testimony regarding a political party and attacks suffered by her were material.
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| SEC v. Ficken, No. 07-2532,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, October 20, 2008, Decided
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Overview: Where the SEC sued a broker under 15 U.S.C.S. ¿¿ 77q(a), 78j(b), and 17 C.F.R. ¿ 240.10b-5, it was properly awarded summary judgment as there was no genuine issue of material fact on the issue of scienter; the broker used multiple identification numbers to misrepresent his identity and engage in trades that otherwise would have been disallowed.
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| United States v. One Star Class Sloop Sailboat, No. 08-1152,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, October 20, 2008, Decided
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Overview: There was no procedural bevue in a district court's approach of taking written submissions on the issue of valuation of a vessel; moreover, the claimant waived his right to a hearing on valuation. The government's auction of the vessel constituted a commercially reasonable means of selling the vessel as required by 21 U.S.C.S. ¿ 881(e).
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