Archive for the '1st COA' Category

Decisions In Criminal Law Matters

US v. Gentles, 09-1431, concerned a challenge to a conviction of defendant for distributing crack cocaine and a sentence of 64-months’ imprisonment, followed by four years’ supervised release, with a special condition of substance abuse treatment counseling.  In affirming, the court held that the district court did not abuse its discretion in denying defendant’s motion for [...]

Decisions In Criminal Law Matters

US v. Gentles, 09-1431, concerned a challenge to a conviction of defendant for distributing crack cocaine and a sentence of 64-months’ imprisonment, followed by four years’ supervised release, with a special condition of substance abuse treatment counseling.  In affirming, the court held that the district court did not abuse its discretion in denying defendant’s motion for [...]

Decisions In Criminal Law Matters

US v. Gentles, 09-1431, concerned a challenge to a conviction of defendant for distributing crack cocaine and a sentence of 64-months’ imprisonment, followed by four years’ supervised release, with a special condition of substance abuse treatment counseling.  In affirming, the court held that the district court did not abuse its discretion in denying defendant’s motion for [...]

US v. Nguyen, 09-2410

US v. Nguyen, 09-2410, concerned an appeal of the district court’s imposition of an 83-month sentence, followed by four years of supervised release, requiring defendant to submit to a drug test within fifteen days of her release from confinement and periodic drug tests thereafter during the supervised release term, following defendant’s conviction for possession with [...]

Breach of Contract Suit Against Johnson & Johnson, Plus Immigration, Criminal & Civil Procedure Matters

US v. Vargas-De Jesus, 09-1519, concerned a challenge to a conviction of defendant for possession with intent to distribute illegal drugs within one thousand feet of a school and related crimes. The court affirmd in part defendant’s conviction as to the conspiracy as there was sufficient evidence of post-majority conduct to convict, and it was not plain [...]

Trucker’s Wrongful Termination Suit Under the Surface Transportation Assistance Act, Plus a Criminal Case

US v. Troy, 09-2121, concerned a challenge to a conviction of defendant for solicitation to commit a crime of violence and attempted arson, in connection with defendant’s scheme to burn down her nightclub and bar.  In affirming, the court held that the district court acted appropriately in denying defendant’s end-of-case motion for a judgment of [...]

US v. Rivera-Rodriguez, 08-1799

US v. Rivera-Rodriguez, 08-1799, concerned a challenge to the district court’s conviction of defendants for drug trafficking conspiracy, as part of a large organization known as “Las Avispas Dos,” in Puerto Rico, and its imposition of lengthy prison terms. 
 
In affirming the convictions and the sentences, the court held that the district court did not abuse [...]

Egyptian Citizen’s Petition For Review of Removal Order Denied, Plus Immigration Matters

Penn-America Ins. Co. v. Lavigne, 09-2059, involved an insurer’s suit against its insured and plaintiff seeking a declaratory judgment that the insured’s insurance policy excluded liability coverage for claims arising from roofing, arising from serious injuries sustained by plaintiff when a portion of a scaffolding snapped while visiting his friend, the insured, at the job-site.  [...]

School Union’s Suit for Indemnity Against its Insurer, Plus Criminal Law Matters

US v. Verdugo, 08-2175, concerned a challenge to the convictions of defendants for conspiracy to distribute and possess with intent to distribute cocaine.  In affirming the convictions, the court held that the district court did not err in denying defendants’ motions to suppress.  The court found that defendant waived his right to object to witness’s interpretative testimony, and [...]

US v. Agosto-Vega, 09-1158

US v. Agosto-Vega, 09-1158, concerned a challenge to a conviction of a company in San Juan, Puerto Rico, and its owner and principal officer for violating criminal provisions of the Clean Water Act.  In vacating the conviction, the court held that the district court committed a structural error by excluding the public from the courtroom [...]