In US v. Ford, No. 09-2244, the court of appeals affirmed defendant’s sentence for being a felon in possession of firearms and ammunition, being a fugitive in possession of firearms and ammunition, and possession of stolen firearms, on the grounds that 1) the evidence of defendant’s prior Kansas escape was undoubtedly res gestae–intrinsic evidence inextricably [...]
In US v. Ford, No. 09-2244, the court of appeals affirmed defendant’s sentence for being a felon in possession of firearms and ammunition, being a fugitive in possession of firearms and ammunition, and possession of stolen firearms, on the grounds that 1) the evidence of defendant’s prior Kansas escape was undoubtedly res gestae–intrinsic evidence inextricably [...]
In Sala v. US, No. 08-1333, an action seeking a tax refund, the court of appeals reversed the district court’s order granting the refund, holding that the transaction giving rise to petitioner’s claimed tax loss had no economic substance because the claimed loss generated by the program was structured from the outset to be a [...]
In Sala v. US, No. 08-1333, an action seeking a tax refund, the court of appeals reversed the district court’s order granting the refund, holding that the transaction giving rise to petitioner’s claimed tax loss had no economic substance because the claimed loss generated by the program was structured from the outset to be a [...]
In re: Roser, No. 09-1341, involved a creditor’s appeal from the bankruptcy court’s order holding that the trustee in a Chapter 7 proceeding could avoid a creditor’s lien. The court of appeals reversed on the ground that the Colorado Certificate of Title Act (CCTA) did not supersede Colorado UCC section 4-9-317(e) because the provision did [...]
In re: Roser, No. 09-1341, involved a creditor’s appeal from the bankruptcy court’s order holding that the trustee in a Chapter 7 proceeding could avoid a creditor’s lien. The court of appeals reversed on the ground that the Colorado Certificate of Title Act (CCTA) did not supersede Colorado UCC section 4-9-317(e) because the provision did [...]
Ly v. Holder, 09-2529, concerned a Cambodian citizen’s petition for review of a final order of the BIA upholding an IJ’s denial of his request for asylum and related relief. In denying the petition, the court held that substantial evidence supported the BIA and IJ’s findings that petitioner’s fears of future harm were unrelated to a [...]
Zimmerman v. Puccio, 09-1416, concerned a challenge to the district court’s grant of plaintiffs’ motion for summary judgment in a class action lawsuit against defendant-Cambridge Credit Counseling Corporations (Cambridge) and other corporate defendants, pursuant to the Credit Repair Organizations Act (CROA), and unfair or deceptive acts or practices in violation of the Massachusetts Consumer Protection [...]
US v. Maldonado, 09-1626, concerned a challenge to the district court’s imposition of a sentence of 120-months imprisonment in a prosecution of defendant for crimes related to his role in a conspiracy to distribute cocaine. In vacating the sentence, the court held that an attaching plates offense under Massachusetts law does not count toward defendant’s [...]
Brown v. Colegio De Abogados De Puerto Rico, 08-2432, concerned a class action suit against the integrated bar association of the Commonwealth of Puerto Rico, arising from the organization’s activity of requiring members to purchase life insurance in order to practice before Puerto Rican courts. As stated in the decision: “After Romero, Colegio did not [...]