The United States Court of Appeals for the First Circuit (in case citations, 1st Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts:
MoreHibernia returned the checks again on January 20, 1994, for insufficient funds. The security interest arose by operation of law, and remained in effect until it was satisfied by Cannon's deposit from Fleet Mortgage and his transfer from another First Tennessee account.
PEI TI WAN, DEFENDANTS-APPELLANTS.R. Defaulting Defendants objected to entry of final judgments because the judgments were inconsistent with the bankruptcy court's earlier summary judgment ruling, holding that the security interests of Answering Defendants were perfected under 10233.2.
Tracey Malone, Defendants-Appellees.United States of America;, I., 17, Ponnapula contends that the district court erred in finding (1) that there was a meeting of the minds to form a contract and (2) that Malone did not participate in the sale substantially.
FOA and Frost would then provisionally credit Geekie and Parker's accounts based on these deposits, thereby covering the checks they had just written to one another and enabling them to write other checks as well. Stat. Ann. at 1229-31 (examining Citizens Nat'l Bank v. First Nat'l Bank, 347 So.
If Ostler had exercised his options, he says that his stock would have been worth millions, at least for a period after the merger., 8, Ostler's main claim on appeal is that the extension by Codman's management of Ostler's option exercise deadline to July 31, 1998, was invalid.
272 F.3d 625 (4th Cir. Therefore, for the purpose of analyzing Knussman's claim, this Court must look at a person's right not to have a gender neutral statute applied in a discriminatory manner and determine if such right was clearly established at the time of Mullineaux's actions in 1994.
235 F.3d 713 (1st Cir. Chief Costa ended the meeting by asking O'Rourke and Lieutenant Cionfolo whether they could continue working together O'Rourke replied that she could, but Cionfolo did not reply. Where it made no objections, the City has waived any claim that the evidence was inadmissible.
Austin's contention that his total offense level for Count One was miscalculated is based on a false premise: he mistakenly imports the principle behind section 5G1.3 the prevention of duplicative sentencing for particular conduct into the offense level calculation process, which precedes it.
On December 7, 1999, the district court dismissed the habeas petition, and, a day later, the Board denied the stay request., 4, Foroglou now seeks review of the Board's order declining to reopen his deportation proceeding and he appeals from the dismissal of his habeas action.
It follows that the government did not commit a breach of the plea agreement by agreeing not to file a 851 information, but then arguing Frisby's prior criminal history should be used to increase his sentence under 4B1.1, because the two provisions are analytically distinct.
238 F.3d 106 (1st Cir. Between the end of November and December 20, 1998, Rhode Island State Police Detective Joseph DelPrete was involved in an investigation concerning allegations that Link, Ronald Cotoia, and others were committing burglaries in Maine, New Hampshire, and Rhode Island.
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, 4, The district court ultimately denied the section 2255 motion because factual allegations needed to support Jamison's complaints were unsworn, United States v. LaBonte, 70 F.3d 1396, 1412-13 (1st Cir., 5, In an unreported order dated March 4, 1998, this court ruled on the appeal.
Torruella and Lynch, Circuit Judges.Assistant United States Attorney, were on brief for appellee.in an appeal brought by Castro-Morales's two co-defendants.United States v. Leon-Delfis, 203 F.3d 103, 113 (1st Cir.as Santiago-Sanchez.court's failure to give the instruction.
244 F.3d 183 (1st Cir. There is no indication that, as Emile suggests, an arm around the waist would sustain a section 13B conviction, cf. Commonwealth v. Mosby, 567 N.E.2d 939, 941-42 (Mass. App. Taylor could have been taken as a rigid prohibition on looking at actual conduct;
Having determined that Congress meant to empower district courts to order that town planning board decisions in violation of 332(b)(7)(C) be set aside, it would make little sense to further conclude that courts exercising that authority must do so within the confines of state zoning procedure.
241 F.3d 37 (1st Cir. Ramirez-Rivera contends that the district court erred by taking into account his need for intensive substance abuse and psychological treatment in a structured environment when it sentenced him, after that revocation, to a prison term of 24 months.
United States v. Baltas, 236 F.3d 27, 40 (1st Cir.since an unpreserved challenge to a defective indictment in this, context is subject to plain-error review (just like the other, two prongs of Apprendi).guideline calculations in the pre-sentence report (PSR);fact, the court diverged therefrom.
238 F.3d 20 (1st Cir., LYNCH, Circuit Judge., 19, Plaintiffs next allege error in a separate instruction directing that the jury should consider the economic realities of Puerto Rico in calculating Natalie's lost earning capacity. Ashford also properly preserved the double recovery issue on appeal.
, 17, Having found that the amended complaint alleged a claim under Chapter 152, 75B, the district court also concluded that the state law upon which Fant relies expressly states that the rights it creates are not independent of collective bargaining agreements. and to furlough employees.
