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United States First Circuit - March 2001 Opinion Summaries

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Description Date Docket #

EMILE v. IMMIGRATION AND NATURALIZATION SERV.

United States First Circuit
Immigration Law
Taylor v. United States, 495 U.S. 575, 600 (1990), allows the use of police reports in the deportation hearings context to identify actual conduct...
03/30/2001 99-2187

US v. FLEMMI

United States First Circuit
Criminal Law & Procedure
Where resumed grand jury proceedings led to the inclusion in the indictment of material that both added new RICO predicate acts and increased the...
03/30/2001 00-1968

GOWEN, INC. v. F/V QUALITY ONE, IN REM

United States First Circuit
Admiralty
Because the market value and the creditworthiness of a fishing vessel may well depend on its permits as much as on its engine, physical dimensions,...
03/30/2001 00-1898

WILSON v. COPEN

United States First Circuit
Injury & Tort Law
Where plaintiff had agreed to stay with defendant at the request of defendant's daughter, a friend of plaintiff's, who did not want her 82-year-old...
03/30/2001 00-1639

VELASQUEZ-VALENCIA v. IMMIGRATION AND NATURALIZATION SERV.

United States First Circuit
Immigration Law
While the risks that petitioner faced in Guatemala were real ones and the threat posed to him by the guerillas (and apparently the regular army as...
03/30/2001 00-1551

CLOCKEDILE v. NEW HAMPSHIRE DEPT. OF CORR.

United States First Circuit
Labor & Employment Law
A lawsuit following a discrimination complaint can include a claim of retaliation not made to the agency so Johnson v. General Electric, 840 F.2d 132,...
03/30/2001 00-1541, 00-1578

SOUTHWESTERN BELL MOBILE SYS., INC. v. TODD

United States First Circuit
Communications Law
The Telecommunications Act at 47 USC 332(c)(7)(B)(iii) requires local boards to issue a written denial, with sufficient clarity to permit an...
03/30/2001 00-1164

JAMISON v. US

United States First Circuit
Criminal Law & Procedure
Even though a ground for collateral attack was unavailable at the time of the first motion, it was not unjust for the sentencing court to enhance...
03/29/2001 99-2217

US v. DELGADO-REYES

United States First Circuit
Criminal Law & Procedure
The strictures of the offense level guideline do not apply to bar departures based on the number and severity of the defendant's prior convictions.
03/29/2001 99-2121

HURTADO v. TUCKER

United States First Circuit
Constitutional Law, Criminal Law & Procedure
Because issues of credibility are for the jury to decide, federal courts should be cautious about issuing habeas petition on grounds of the objective...
03/29/2001 00-1609

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