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Court of Appeals for the First Circuit Court Cases
Lisa M. Arnold, Attorney, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, with whom David W. Ogden, Acting Assistant Attorney General, Civil Division, and Terri Jane Scadron, Senior Litigation Counsel, Office of Immigration Litigation, were on brief, for respondent.
Court: Court of Appeals for the First Circuit Docket: 99-2283
United States v. Martin (2008)In Gall v. United States, ___ U.S. ___, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007), the Supreme Court shed considerable light on the scope and extent of a district court's discretion under the now-advisory federal sentencing guidelines. See id. at 598-602. This appeal represents our first full-fledged application of the teachings of Gall. At the same time, it also affords us an opportunity to discuss a relatively new phenomenon: the practice indulged in by some district courts, of filing [...]
Court: Court of Appeals for the First Circuit Docket: 06-1983
Ellen L. Janos, Asst. Atty. Gen., Government Bureau, Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., Boston, Mass., was on brief, for Dept. of Educ. for Com. of Mass.
Court: Court of Appeals for the First Circuit Docket: 83-1424
This appeal demands that we mull the prerequisites for liability under the Ku Klux Klan Act, 42 U.S.C. § 1985(3) (1994). We hold that (1) the class-based animus required to ground a private right of action under the statute applies to conspiracies allegedly involving public officials in the same way as it applies to all other conspiracies; and (2) the requirement is not satisfied where, as here, no sufficiently defined class appears. Accordingly, we affirm the district court's [...]
Court: Court of Appeals for the First Circuit Docket: 95-2233
Shaw v. Digital (1996)
Sanford P. Dumain, with whom David J. Bershad, James P. Bonner, Milberg, Weiss, Bershad, Hynes & Lerach, New York City, Glen DeValerio, Kathleen Donovan-Maher, Berman, DeValerio & Pease, Boston, MA, Richard Schiffrin, Schiffrin & Craig, Ltd., Buffalo Grove, IL, Joseph D. Ament, and Much, Shelist, Freed, Denenberg, Ament, Bell & Rubenstein, P.C., Chicago, IL, were on brief, for Shaw appellants.
Court: Court of Appeals for the First Circuit Docket: 95-1995
United States v. Gifford (1994)
A jury convicted defendant-appellant William L. Gifford on a charge of illicit receipt of child pornography in violation of 18 U.S.C. Sec. 2252(a)(2) (1988).1 The district court imposed an 18-month incarcerative sentence. Gifford appeals both the conviction and the sentence.
Court: Court of Appeals for the First Circuit Docket: 93-1645
United States v. Pierro (1994)
Defendant-appellant Darrell F. Pierro labors to convince us that the district court erred in refusing to grant him a separate trial, in refusing to declare a mistrial, and, following his conviction, in refusing to reduce his sentence beneath the suggested guideline range. We are not persuaded by appellant's exhortations and, therefore, affirm.
Court: Court of Appeals for the First Circuit Docket: 93-1313
The six defendants-appellants were all convicted by a jury under count one of a nine count indictment of being part of a conspiracy with intent to possess and distribute amounts of marihuana,1 in violation of 21 U.S.C. Secs. 841(a)(1) and 846. The marihuana had been smuggled into Puerto Rico from Colombia on four different occasions. Each of the defendants was also found guilty of one or more of the other eight substantive counts which charged aiding and abetting in the importation of [...]
Court: Court of Appeals for the First Circuit Docket: 87-1581
John Foskett with whom Deutsch, Williams, Brooks, DeRensis, Holland & Drachman, P.C., Nancy Merrick, Merrick & Louison, Charles H. Riley, Jr. and Ganz, Ham & Riley, Boston, MA, were on brief for defendants, appellees.
Court: Court of Appeals for the First Circuit Docket: 92-2134
Defendants Gregorio Rosario and Edwin and Rafael Sanchez appeal their convictions under 21 U.S.C. Secs. 841(a) and 846 for conspiring to possess, and possessing, twelve kilograms of cocaine for distribution. The Sanchezes also appeal the 360-month prison sentences imposed under the Sentencing Guidelines. We affirm.
Court: Court of Appeals for the First Circuit Docket: 90-1058
This appeal involves the constitutionality of 18 U.S.C. Sec. 3553(e) (1988) and section 5K1.1 of the federal sentencing guidelines.1 We hold that the contested provisions, while perhaps of dubious merit, do not deprive defendants of any constitutional entitlement.
Court: Court of Appeals for the First Circuit Docket: 89-1620
Edgardo Rodriguez-Quilichini, Asst. Sol. Gen., with whom Pedro Delgado Hernandez, Sol. Gen., and Carlos Lugo Fiol, Deputy Sol. Gen., Hato Rey, PR, were on brief, for appellees.
Court: Court of Appeals for the First Circuit Docket: 94-2138
Appellants challenge an award of attorney's fees. Arguing that the district court abused its discretion by granting an award which was not "reasonable" within the meaning of the Fees Act, 42 U.S.C. Sec. 1988, appellants ask us to modify it. After carefully reviewing the district court's opinion, as well as the evidence submitted to support appellee's original fees application, we conclude that the district court's analysis was in some respects erroneous and the resulting award [...]
Court: Court of Appeals for the First Circuit Docket: 84-1313
Bocova v. Gonzales (2005)
COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED Ilana Greenstein, with whom Harvey Kaplan, Maureen O'Sullivan, Jeremiah Friedman, and Kaplan, O'Sullivan & Friedman, LLP were on brief, for petitioner.
Court: Court of Appeals for the First Circuit Docket: 04-2175
Donald W. Lojek (Lojek) appeals from the district court's partial summary judgment for appellees Moffatt, Thomas, Barrett & Blanton, Chartered (MTBB) in an action challenging the forfeiture of his pension benefits. Lojek also appeals the dismissal of his complaint on the ground that he was not constructively discharged.1 We affirm.
Court: Court of Appeals for the First Circuit Docket: 82-3682
This appeal, in which the appellant complains that the government practiced "sentencing entrapment," calls upon us to venture onto terra incognita. Believing, as we do, that the district court did not err in accepting the fruits of the government's activities, we turn a deaf ear to the appellant's complaint. We also overrule his objection to a "special skill" adjustment made by the lower court in constructing the guideline sentencing range (GSR). Withal, an intervening change in the [...]
Court: Court of Appeals for the First Circuit Docket: 91-1700
Jacob H. Stillman, Associate General Counsel, Washington, D.C. (Simon M. Lorne, General Counsel, Susan Ferris Wyderko, Mark Pennington, Senior Litigation Counsel, Paul Gonson, Solicitor, Washington, D.C., on the brief), for Plaintiff-Appellee.
Court: Court of Appeals for the First Circuit Docket: 1155
The trustee in bankruptcy of Saco Local Development Corporation and several related entities ("Saco") appeals from a bankruptcy court ruling that Northwestern Life Insurance Co. is entitled to priority payment of Saco employee group life, health, and disability insurance premiums. The bankruptcy court found that these payments fit squarely within the language of 11 U.S.C. § 507(a)(4), which grants a priority to "unsecured claims for contributions to employee benefit plans." We [...]
Court: Court of Appeals for the First Circuit Docket: 82-1798
Thomas F. Holt, Jr., with whom Gerald P. Tishler, Franklin G. Stearns, Laurel A. Mackay, and Brown, Rudnick, Freed & Gesmer, P.C., Boston, Mass., were on brief, for plaintiffs, appellants.
Court: Court of Appeals for the First Circuit Docket: 91-2116
Appellants Roland and Miriam M. reside in Concord, Massachusetts, with Matthew M., their 15-year-old son. Matthew is "handicapped" within the meaning of the Education of the Handicapped Act, 20 U.S.C. Secs. 1400-1485 (1982 & Supp. V 1987) (the Act). When a controversy arose over his educational course, the Bureau of Special Education Appeals (BSEA), an adjunct of the Massachusetts Department of Education (MassEd), ruled that the Concord School Committee (Concord) had offered Matthew [...]
Court: Court of Appeals for the First Circuit Docket: 89-2130