1st Circuit Court of Appeals, December, 2008, Federal Case law

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Federal Courts - 1st Circuit Court of Appeals - December 15 - December 22, 2008

Concilio De Salud Integral De Loiza, Inc. v. Perez-Perdomo, Nos. 07-2012; 07-2070; 07-2326; 07-2327, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, December 15, 2008, Decided
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Overview: District court's decision to enter a permanent injunction was an abuse of discretion since a live dispute existed as to the federally qualified health centers' claim that the Secretary of Puerto Rico's Department of Health's payment methodology violated 42 U.S.C.S. ? 1396a(bb). Thus, the court could not properly grant permanent injunctive relief.

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Dutil v. Murphy, No. 06-2292, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, December 15, 2008, Decided
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Overview: Because the text of Mass. Gen. Laws ch. 123A, ? 9 as interpreted by Massachusetts state courts, did not on its face violate the due process protections afforded sexually dangerous persons subject to civil commitment, dismissal of the inmate's habeas petition challenging the ongoing constitutionality of his civil commitment was affirmed.

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Casamento v. Mass. Bay Transp. Auth., No. 08-1773, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, December 16, 2008, Decided
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Overview: Where an employee applied for a position and the job posting was rescinded, her Title VII gender discrimination claims against the employer and the union failed because no evidence suggested that the posting was withdrawn because of gender discrimination, and the union explained its refusal to pursue a grievance on behalf of the employee.

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United States v. Martinez-Vega, No. 08-1083, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, December 17, 2008, Decided
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Overview: Where defendant pled guilty to a drug conspiracy count under 21 U.S.C.S. ?? 841, 846, and 860, his 240-month sentence was upheld because, inter alia, his argument that the length of the sentence imposed was higher than he hoped to receive when he pled guilty was no basis for challenging the validity of his plea or sentence.

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Town of Marshfield v. FAA, No. 07-2820, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, December 18, 2008, Decided
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Overview: Town was not entitled to judicial review under 49 U.S.C.S. ? 46110(a) of the FAA's decision to implement measures to reroute aircraft to increase use of the airport's approaches and departures since the FAA conducted an EA and found that the town would experience noise that was well below the threshold, and the FAA's findings were not implausible.

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United States v. Cruz-Diaz, No. 07-1534, No. 07-1535, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, December 18, 2008, Decided
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Overview: Description by witnesses of the gun held by defendant during the robbery and videotape of defendants as they entered the bank was sufficient to allow a jury to find that he used a real gun and convict him under 18 U.S.C.S. ? 924(c). Admission of co-defendant's statement violated neither Crawford nor Bruton.

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United States v. Caraballo, No. 08-1555, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, December 22, 2008, Decided
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Overview: Defendant's 18 U.S.C.S. ? 3582(c)(2) motion for reduced sentence after U.S. Sentencing Guidelines Manual app. C, amend. 706 amended U.S. Sentencing Guidelines Manual ? 2D1.1(c) was denied as his sentencing range was produced by reference to U.S. Sentencing Guidelines Manual ? 4A1.1-the career offender guideline-not the crack cocaine guideline.

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United States v. Giggey, No. 07-2317, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, December 22, 2008, Decided
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Overview: Defendant's case was remanded for resentencing given the court's holding that a prior conviction for burglary not of a dwelling was not per se a crime of violence, and that whether a prior conviction for non-residential burglary was a crime of violence turned on application of a categorical approach under U.S.S.G. ? 4B1.2(a)(2)'s residual clause.

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United States v. Sherman, No. 08-1385, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, December 22, 2008, Decided
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Overview: Sufficient evidence supported defendant's 18 U.S.C.S. ? 924(c)(1)(A) conviction for possession of a firearm in furtherance of a drug trafficking crime as firearms were accessible and easily loadable, and they were in close proximity to over 500 marijuana plants; a jury could rationally find that the firearms protected the fruits of a conspiracy.

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Valenzuela-Solari v. Mukasey, No. 08-1752, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, December 22, 2008, Decided
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Overview: Where an alien was found removable under 8 U.S.C.S. ? 1227 for overstaying his visa and falsely representing himself to be a U.S. citizen, even if the Government bore the burden of proof under 8 U.S.C.S. ? 1229a, substantial evidence supported the decision because, inter alia, he admitted in a sworn statement to making a false claim.

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