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| Carpenter v. United States DOJ, No. 06-1489,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, December 12, 2006, Decided
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Overview: Documents provided by a third-party in connection with a government investigation and prosecution of plaintiff were exempt from disclosure under Exemption 7(C) of the FOIA; although the third-party was known and allegedly assisted in the prosecution, it would have been a further invasion of his privacy interest to reveal the information.
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| Davison v. Gov't of P.R. - P.R. Firefighters Corps, No. 06-1613,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, December 12, 2006, Decided
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Overview: District court properly dismissed due process and equal protection claims because the Rooker-Feldman doctrine squarely applied, depriving it of subject matter jurisdiction. The district court was being asked to review and reject a final state court judgment.
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| Thomas v. Gonzales, No. 06-1609,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, December 12, 2006, Decided
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Overview: Petition for review of the denial of relief from deportation was denied because the court lacked jurisdiction to review the decision that an asylum application was untimely and substantial evidence supported the denial of other relief. New facts and materials in the petition were not considered because review was limited to the appellate record.
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| United States v. Vazquez-Rivera, No. 05-2632,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, December 12, 2006, Decided
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Overview: Defendant's 210-month sentence for conspiracy to distribute cocaine in violation of 21 U.S.C.S. § 846 was affirmed because, considering the substantial weight of the USSG and the absence of 18 U.S.C.S. § 3553 factors militating in favor of a lower sentence, the sentence--which was within the USSG range--was not unreasonable.
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| Quaglia v. Bravo Networks, No. 06-1864,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, December 15, 2006, Decided
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Overview: A copyright claim was properly dismissed on summary judgment because no reasonable juror could have found substantial similarity of expression in the two works. Plaintiff film creator also failed to carry his burden of creating a genuine issue of fact on his claims for breach of confidentiality and breach of contract.
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| Santa-Rosa v. Combo Records, No. 05-2237,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, December 15, 2006, Decided
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Overview: Because the singer had reason to know of his claim of ownership over the recordings soon after they were created, which was well over three years before the singer filed suit against the record company, the district court properly held that the singer's declaratory judgment action was time barred by 17 U.S.C.S. § 507(b).
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| United States v. Chan, No. 05-2427,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, December 15, 2006, Decided
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Overview: District court did not err when it ordered defendant who was convicted of conspiracy to commit robbery to undergo mental health treatment as a condition of supervised release, pursuant to USSG § 5D1.3(d)(5), and gave defendant's probation officer authority to determine the form of treatment, or when it ordered defendant to pay costs of his release.
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| United States v. Dung Cao, No. 06-1224,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, December 15, 2006, Decided
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Overview: Defendant's convictions for cocaine-related violations of 21 U.S.C.S. §§ 841 and 846 were affirmed because wiretap evidence was properly admitted upon a necessity showing pursuant to 18 U.S.C.S. § 2518(1)(c), there was no error in excluding certain recorded calls, and defendant was not entitled to a jury instruction on the public authority defense.
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| United States v. Perez, No. 05-2588,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, December 15, 2006, Decided
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Overview: A 110-month, below-guidelines sentence was affirmed because the district court did not err in refusing to grant defendant a minor-role adjustment under USSG § 3B1.2 given his participation in the transport of drugs and the district court's explanation for the chosen sentence was not inadequate.
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| Zareas v. Bared-San Martin, No. 06-1180,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, December 15, 2006, Decided
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Overview: A former daughter-in-law failed to state a RICO claim against her former in-laws. Her claim for personal injury was not cognizable under RICO. She had no interest in the property that was allegedly taken from her. There was no causal connection between the alleged RICO activity and the property.
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