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

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Federal Courts - 1st Circuit Court of Appeals - December 26 - December 27, 2007

Arcam Pharm. Corp. v. Faria, No. 07-1046, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, December 26, 2007, Decided
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Overview: Dismissal on remand of a company's case against bank officials was affirmed because core holding of prior decision rendered on governor's appeal in same case--that the company's complaint failed to allege viable constitutional claims--was applicable not only to the governor but extended with equal force to allegations aimed at the bank officials.

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United States v. Woodbury, No. 06-2586, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, December 26, 2007, Decided
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Overview: Argument that search violated Fourth Amendment was rejected because warrant was supported by probable cause and Leon good faith exception applied. Though listing wrong unit, search warrant clearly referenced apartment occupied by defendant and was not so facially deficient that executing officers could not reasonably have presumed it to be valid.

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United States v. Jimenez, No. 06-1553, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, December 27, 2007, Decided
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Overview: Defendant's sentence to 292 months imprisonment as a career offender pursuant to U.S. Sentencing Guidelines Manual ? 4B1.1 and 21 U.S.C.S. ? 851(a)(1) was upheld, where it was clear from the record that he understood the applicability of the career offender guideline, and where he had not objected to the substance of the prior convictions.

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