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

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Federal Courts - 1st Circuit Court of Appeals - November 20 - November 27, 2007

Cash v. Cycle Craft Co., No. 07-1768, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, November 20, 2007, Decided
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Overview: Employer was not liable to pay overtime wages under 29 U.S.C.S. ? 207(a)(1) because employee met each administrative exemption requirement of Fair Labor Standards Act, 29 U.S.C.S. ?? 210 to 219. $ 60,000 a year job met "management" and "discretion" requirements of administrative exemption at 29 C.F.R. ? 541.200, and he attended management meetings.

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Matthews v. Vargas, No. 05-1008, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, November 20, 2007, Decided
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Overview: Judgment in a prisoner's case against prison correctional and medical officials was affirmed because the prisoner was not improperly denied discovery, and the court rejected the prisoner's contention that the standard of proof for an excessive force claim was somehow different from that of an Eighth Amendment claim.

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United States v. Dwinells, No. 06-1709, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, November 20, 2007, Decided
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Overview: 18 U.S.C.S. ? 2422(b) did not require an intent that enticed conduct actually occur; also, sufficient evidence supported defendant's convictions thereunder as, though the nexus between his conduct and the Massachusetts laws in issue was not overwhelming, jurors could have found that he intended to entice girls to have illegal sex in his bed there.

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Verizon New England, Inc. v. Maine PUC, No. 06-2151, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, November 20, 2007, Entered
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Overview: Corporation's petition for rehearing, in which it asked the appellate court to delete its direction to make a primary jurisdiction referral to the FCC was denied because the parties disagreed as to whether certain disputed elements were required by 47 U.S.C.S. ? 271, and only the FCC could have provided a resolution of those technical issues.

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United States v. Rodriguez-Duran, Nos. 06-1400, 06-1401, 06-1402, 06-1403, 06-1404, 06-1405, 06-1406, 06-1407, 06-1408, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, November 21, 2007, Decided
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Overview: Convictions for possessing cocaine with intent to distribute, violating 46 U.S.C.S. app. ? 1903(a), (c)(1)(C), and (f), and 18 U.S.C.S. ? 2, were affirmed because, although trial began 40 days after indictment, defendants identified no prejudice from denial of motions to continue. Claim that schedule violated 18 U.S.C.S. ? 3161(c)(2) was waived.

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Aguilar v. United States Immigration & Customs Enforcement Div. of the Dep't of Homeland Sec., No. 07-1819, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, November 27, 2007, Decided
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Overview: District court was not barred from exercising subject matter jurisdiction over the aliens' claims since 8 U.S.C.S. ? 1252(a)(2)(B)(ii) did not strip district courts of jurisdiction over substantive due process claims that were collateral to removal proceedings when such claims challenged detention and transfer of aliens on family integrity grounds.

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Segran v. Mukasey, No. 07-1295, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, November 27, 2007, Decided
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Overview: Where an alien's 8 U.S.C.S. ?? 1158, 1231 and CAT claims were denied due to an adverse credibility determination, review was denied as the inconsistencies were major; inter alia, he equivocated as to the circumstances into which he was recruited into a paramilitary cadre, his brother's role in that recruitment, and the length of a hospital stay.

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United States v. McCoy, No. 06-2138, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, November 27, 2007, Decided
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Overview: Where defendant pled to wire fraud and conspiracy per U.S.C.S. ?? 1343, 1956(h), 1957, the court did not err in calculating loss to banks under U.S. Sentencing Guidelines Manual ? 2B1.1(b)(1) (2001) by subtracting from the amounts of fraudulently obtained mortgages the amount the conspirators paid for properties that they then sold and profited on.

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